m  * 


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OREGON. 


OUR  RIGHT. AND  TITLE, 


CONTAINING 


AN  ACCOUNT  OF  THE 


CONDITION  OF  THE  OREGON  TERRITORY, 


ITS  SOIL,  CLIMATE,  AND  GEOGRAPHICAL  POSITION;  i 

TOGKTHER    WITH 


A  STATEMENT  OF  THE  CLAIMS  OF      * 

RUSSIA,  SPAIN,  GREAT  BRITAIN, 

AND  Tl«      ^      -5^jj 

UNITED  states; 

ACCOMPANIED  WITH  A  MAP,  PREPARED  BY  THE  AUTHOR. 


By  WYNDIUM  ROBERTSON,  Jr. 

or   VIRGINIA. 


WASHINGTON: 

PHIM'UD  BY  J.  4t  G.  S.  urOEoN. 
1846. 


125" 


1?0' 


10 


MAP 

'-. of  the-'—     T;- 

TERRITORY  Or  ORECON 

^fest  of  the  Rocky  Mountains 

Exhihim^  the.  v arums  Trading  Dfpolt  or  Forts 
occupied  by  the  British  SudsonBayCompfiivii  con- 
-  neOedi  with  the  Westerh  and  rwrthweslem  Fur  tradi..  ("^     F 

)p^GRAVFD  SXPRESSry:  FOR 

W.HOBERTSOJf  S  HISTORY, 

OREGON. 

WA  SHINGTON.  D  C. 

1846, 

0 JIThreop.  Se- 
ttle D.C. 


SCALES. 
Gffl4riif»hie  Miles . 

20 30  40 


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120 


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THIS  VOLUME 

18  MOST  RERPECTFCLLT  DEDICATED  TO  THE 

Hon.  R.  J.  WALKER, 

SeertttBrif  tf  the  Titmury.  i 


■^I.U-Hiy*    ia  ti'u/   ^  U:  ■     .-^f    I    ,Vl\H  '\  ,\/.i  \<ty* '■  'f 


.ii    /«>;••!  5!. »;"»^<   'fJU^iy./ff     'i 


PREFACE. 


The  "  Or^on  Question,"  within  the  last  few  years,  has  engrossed 
much  of  the  pubUc  attention;  feuds  and  parties  have  been  blended,  and 
it  has  been  regarded  as  a  question  altogether  disconnected  from  politics; 
as  having  nothing  to  do  in  its  results  with  the  constitutional  policy  and 
philosophy  of  our  system  of  Govemment,  but  as  a  matter  touching  the 
national  good;  and,  as  such;  it  has  been  regarded  and  discussed  by  all 
classes  and  conditions  ofmen . 

This  work  has  been  published  with  a  view  to  create  no  unnecessary 
or  undue  excitement  respecting  the  maintenance  of  our  rights  as  a  peo- 
ple to  this  territory,  but  because  of  a  sincere  desire  to  see  it  properly 
appreciated  and  adjusted,  and  its  history ^  as  fai'  back  as  it  can  be  traced, 
read  and  known  everywhere.  In  the  preparation  of  tnis  work,  the 
author  has  carefully  avoided  using  any  but  tlie  plainest  language  in  the 
expression  of  his  views;  he  has  availed  himself  freely  of  the  records  of 
Congicss  in  the  collection  of  important  facts  and  statistical  data,  shun- 
ning all  ambiguities  and  technicalities,  and  addressing  himself  to  the 
understandings  of  the  learned  as  well  as  the  unlearned.  The  subject 
has  been  discussed  with  moderation  as  well  as  firmness,  doing  no  act  to 
provoke,  and  sedalously  abstaining  from  even  the  appearance  of  disre- 
garding the  obligation  of  treaties.  We  have  endeavored  to  condense, 
into  as  small  a  space  as  possible,  the  grounds,  both  of  fact  and  of  public 
law,  upon  which  we  rest  our  rights;  but,  in  doing  so,  we  have  striven 
to  omit  nothing  material  to  tlie  investigation. 

It  may  be  observed,  by  those  who  are  conversant  with  this  question, 
that  no  attention  whatever  has  been  paid  to  what  is  commonly  called 
the  ^^ French  Title, ^^  merely  because  it  has  been  esteemed  by  the  author 
as  unworthy  of  consideration ,  in  comparison  with  the  claims  of  other 
nations  who  have  been  for  years  warmly  contending  for  their  rights;  in 
the  appendix,  however,  as  proposed  by  a  committee  of  Congress,  in 
1843,  which  we  subjoin,  there  is  a  careful  deduction  of  it,  which  may 
be  read  with  some  pleasure  by  the  more  curious. 

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TABLE  OF  CONTENTS 


•.'1 


Chapter. 

I... Our  right  and  title,  together  with  a  statement  of  Britisli 
'  claims  -  -  -  -  -  - 

11... What  has  been  done  to  maintain  our  title 

Interesting  letter  from  Mr.  Hugh  Burnet,  Multnomah 

,  Oregon  Territory,  October  29, 1814 

IT'         aat  is  the  progress  of  British  pretensions  to  Oregon 

...What  has  the  United  States  done  to  protect  her  settlers 

V...The  value  and  importance  of  Oregon  to  the  United 

■'I  States  .  .  .  .       '     -    '-'      - 

Cost  of  necessaries  in  Oregon  compared  with  the  chai-ges 
in  the  States  ------ 

Resolutions  of  the  Oregon  Emigrating  Society    - 
Letter  from  VVallamette,  Oregon,  dated  Nov.  4, 1844     - 
System  of  religious  teaching  in  Oregon — its  success 
VL.. Capacities  for  trade  and  commerce 

Difficulties  in  removing  slaves  to  Oregon 
Contiguity  of  important  markets  to  Oregon 
Letter  from  Gen.  McCarver,  Speaker  of  the  Lower 
House  of  Oregon       -  -  .  -  - 

Rivers  of  Oregon  -  -  -  -  - 

Indians  west  of  the  Rocky  Mountains — their  number     - 
Oregon  question  in  the  House  of  Lords — Mitchell's  map 
VII... Shall  Oregon  be  surrendeied  to  Great  Britain    - 
Review  of  Captain  Fremont's  report 
Great  Salt  Lake  and  Boiling  Spring 
Discovery  of  Nootka  Sound  attributed  to  Captain  Cook 
Sketch  from  the  "log-book  of  the  Columbia,"  determin- 
ing the  discovery  of  the  Columbia 
Mr.  Jefferson's  instructions  to  Lewis  and  Claik,  during 
the  negotiation  of  1803 — their  disregard  of  the  instruc- 
tions -  -  - 
The  convention  of  1790  not  annulled  by  the  war  of  1804 
Haccta's  account  while  cruising  on  the  coast  of  the  Pa- 
cific ...---- 

Mr.  Benton's  speech  in  the  Senate,  January  12,  1843    - 


Page. 

5 
25 

30 
34 
63 

75 

78 

83 

86 

99 

101 

111 

114 

115 
124 
129 
131 
134 
142 
146 
154 

157 


162 
164 

165 

168 


U  CONTENTS. 

Chapter.  Page. 

VII... Table  of  distances  from  Independence,  Missouri,  to  the 
intermediate  points  between  that  town  and  Astoria,  at 
the  mouth  of  the  Columbia  river        -  -  -      173 

Table  of  distances  travelled  by  Captain  Fremont  in  1843 

and  1844 175 

The  source  from  whence  Oregon  derived  its  name         -      179 
y  III... Review  of  the  late  correspondence  between  the  American 

and  British  negotiators  ....      180 

l|.         Appendix,  containing  diplomatic  correspondence,  Urea-        \ 
i.,  ties,  and  negotiations  between  Russia,  Spain,  Great       ■, 

Britain,  and  the  United  States,  as  contained  m  the 
work  of  Lieutenant  Wilkes    -  -  -      ».     -      202 


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^Jt'^:"r^''  ERRATA. 

From  the  haste  with  which  the  foregoing  work  lias  been  hurried  through  the  press,  to 
meet  the  demand  of  the  public,  a  number  of  errors  have  been  overlooked,  which,  in  the 
present  edition,  can  be  corrected  in  no  other  way  than  by  this  final  notice.  The  erroneous 
dates  resulted  chiefly  from  want  of  sufficient  time  to  refer  to  the  manuscipt  in  reading  the 
proof-sheets,  and  tiie  occasional  mistakes  of  expression  are  chargeable  entirely  to  the  haste 
of  composition. 

For  the  words,  "  while  she  dared  not  openly  deny  to  Spain  the  rights  of  her  Pacific  dis- 
coveries," commencing  on  the  12th  line  of  the  8th  page,  read,  in  flagrant  violation  of  the 
jaws  of  humanity,  and  of  the  rights  of  Spain  to  her  Pacific  discoveries. 

Page  9,  3d  line,  for  "  his  vesse'  "  read  the  ritfer. 

For  the  date  "  1581,"  occurring  twice  on  the  20th  line  of  the  10th  page,  read  1592. 

For  the  words,  "returned  to  Mexico,"  on  the  27th  line  of  the  10th  page,  read,  sailed 
again  into  the  Pacific,  at  its  northern  outlet,  in  1518,  and  then  returned  to  Mexico. 

For  '4780,"  on  the  7th  line  of  the  13th  page,  read  1789. 

For  "1775,"  occurring  twice  on  the  line  24th  of  page  17,  read  1795. 

For  "61°"  on  the  14th  line  of  page  18,  read  51^. 

For  the  word,  "Canada,"  on  the  28th  line  of  the  22d  page,  read  British  America." 

For  the  "whole  territory,"  on  the  7th  line  of  page  23,  read,  the  greater  portion  of  the  ter- 
ritory. 

For  the  word,  "all,"  on  the  5th  line  of  the  24th  page,  read,  most  of  them. 

In  the  first  page  of  Appendix,  in  the  head,  for  "  Lieutenant  George  Wilkes,"  read  LUk 
tenant  Charles  WiOcts. 


OREGON. 


CHAP.  I.      . 

Our  Right  and  Title. 

The  '^  Oregon  Question,^'  in  importance,  is  second  to 
none  before  the  American  people.  Its  bearing  upon  our 
agricultural  and  commercial  relations,  in  view  of  our  vast 
and  growing  population,  which  is  extending  itself  with  a 
rapidity  unequalled  by  that  of  any  nation  on  earth,  renders 
it  necessary  that  every  part  of  our  continent  should  be 
peopled,  so  that  the  march  of  improvement  may  be  accel- 
erated, and  an  impetus  given  to  those  engines  of  power  to 
which  a  nation  looks  for  its  advancement  in  prosperity. 
The  sovereignty  of  Oregon  has  been  contested  by  no  less 
than  five  of  the  principal  nations  of  the  earth,  each  of  them 
presenting  their  claims  at  different  epochs  and  under  dif- 
ferent circumstances;  it  should  be  considered,  therefore, 
with  all  that  calmness  and  prudence  which  is  necessary  to 
a  subject  so  interesting  and  momentous,  and  which  may 
yet  possibly  disturb  the  harmony  of  at  least  two  large  and 
powerful  Governments.  In  proportion  as  a  country  in- 
creases in  its  manufacturing  interests,  and  in  agricultural 
and  commercial  strength,  scope  should  be  given  to  the 
laboring  classes  in  their  industrial  pursuits,  so  that  every 
requisite  and  ingredient  may  be  furnished  to  a  consumma- 
tion of  these  ends.  All  political  economists  concur  in 
opinion,  that  labor  should  be  confined  as  little  as  possible; 
it  should  be  extended  every  where,  so  that  all  may  share 
in  its  fruits  and  blessings,  and  reap  a  portion  of  its  many 


6  OREGON. 

rewards ;  hence  the  propriety  of  estabUshing  our  own  peo- 
ple in  those  sections  of  country,  where  they  are  furnished 
with  the  means  and  advantages  of  carrying  on  their  opera- 
tions successfully,  and  of  introducing  new  designs  where 
they  can  be  exerted  most  profitably  and  beneficially. 

The  course  recently  pursued  by  the  British  Parliament, 
respecting  the  claims  of  Great  Britain  to  the  territory  of 
Oregon,  has  excited  the  surprise  of  the  American  people. 
It  was  supposed,  in  this  country,  that  the  subject  would 
never  again  be  introduced  in  Great  Britain,  under  circum- 
stances so  aggravating;  that  there  was  a  general  under- 
standing there^  as  well  as  h£re^  under  the  treaty  of  1827, 
and  that  the  controversy  which  has  so  long  existed  would, 
in  a  great  measure,  yield  to  compromise  and  negotiation. 
But  it  appears  that  the  leading  men  of  that  country  have 
determined  to  make  it  a  '•'•  mooted  point,^'  and  to  settle  it 
by  their  cunning  diplomacy  and  strong  appeals  as  they  see 
fit;  inducing  us  to  believe,  (as  though  we  had  not  all  the 
facts  and  statistics  connected  with  the  subject,  from  the 
day  of  the  discovejry  of  Oregon  to  the  present  time,)  that 
they  have  a  right  to  claim  it  by  cession,  and  that  the  laws 
and  usages  of  nations  justify  and  sustain  them  in  the  de- 
mand. 

The  unjust  and  illiberal  assaults  of  England  upon  the 
rights  and  property  of  smaller  and  weaker  powers,  prove 
her  character  at  once — her  boundless  ambition,  and  her  in- 
ordinate desire  to  extend  her  territorial  dominions  through- 
out the  habitable  globe.  She  is  sleepless  in  her  vigilance, 
artful  and  designing  in  her  legislation,  and  courageous  in 
her  threats  and  declarations.  View  her  history,  from  its 
earliest  dawn  to  the  present  time;  see  the  long  catalogue 
of  abuses  that  have  characterized  it  throughout  all  its  varied 
stages,  and  the  conclusion  is  inevitable,  that  she  has  often 
wantonly  and  knowingly  violated  the  laws  of  nations,  spurn- 


OREGON.  1 

ing  an  adherence  to  principles  of  rectitude  and  of  mercy,and 
following  the  dictates  of  a  cruel,  vindictive,  and  relentless 
spirit.  She  is  now,  without  the  least  pretence  or  authority 
whatever,  attempting  to  alarm  the  American  people  with 
fierce  threats  and  empty  boasts,  stimulating  her  Premier 
with  flattery  and  applause,  and  urging  him,  as  her  actor 
and  agent,  to  affirm  in  her  councils  that  Oregon  is  hers  by 
right,  and  that  the  title  thereof  is  '^  clear  and  unques- 
tionable." 

We  beg  leave  to  discuss  this  subject  in  a  becoming  man- 
ner; proving,  as  we  mean  to  do,  by  an  introduction  of  irre- 
futable facts,  and  substantial  and  reliable  evidence^  that 
Great  Britain,  in  view  of  the  cession  by  Spain,  and  other 
cessions,  has  no  right  or  title  whatever  to  this  territory; 
as  far  as  the  parallel  of  49°;  that  her  claims,  in  comparison 
with  those  of  the  United  States,  are  nugatory  and  trifling, 
^  founded  upon  the  sand;"  and  that  her  demand  is  a  gross 
assumption  of  power,  unauthorized  by  the  law  of  nations, 
and  inconsistent  with  plain  facts  which  have  been  published 
to  the  world.  Four  great  powers  have  set  forth  their  claims 
to  this  territory — Spain,  Russia,  Great  Britain,  and  the 
United  States,  and  at  one  time  France,  have  each,  under 
different  and  conflicting  circumstances,  claimed,  if  not  all, 
a  considerable  portion  of  the  Oregon.  The  claims  of  Spain 
have  been  finally  surrendered  to  this  country;  those  of 
Russia  have  been  adjusted  by  ceding  to  her  the  exclusive 
right  of  settlement  within  ten  leagues  of  the  sea,  m  north 
latitude  54°  40,  and  the  controversy  for  what  remains  is 
between  Great  Britain  and  the  United  States. 

It  is  necessary,  in  the  outset,  to  define  the  issue  between 
Great  Britain  and  ourselves.  It  is  not  a  question  of  posi- 
tive^ but  of  relative^  right;  not  whether  either  party  have 
exclusive  control,  for  the  course  that  has  been  already 
pursued  clearly  pi'oves  by  each  that  the  other  is  entitled 


8  OR£60N. 

to  certain  rights,  but  it  is  the  limit  and  extent  of  these 
rights  that  is  in  dispute,  and  which  has  given  rise  to  so 
much  investigation  ^n  this  country  and  in  England. 

The  territory  in  question  is  the  whole  country  west  of 
the  Rocky  Mountains,  lying  between  the  latitudes  of  42° 
and  54°  40  north,  consequently  bounded  by  the  Rocky 
Mountains  on  the  east,  the  Pacific  ocean  on  the  west,  and 
the  northern  limits  of  California,  in  latitude  42°,  on  the 
south,  and  the  southern  Umits  of  the  Russian  possessions 
in  America,  in  latitude  54°  40',  on  the  north — thus  extend- 
ing 750  miles  from  north  to  south,  and  averaging  about  500 
miles  from  east  to  west,  including  some  360,000  square 
miles.  The  mouth  of  the  Columbia  river  Ues  a  few  miles 
north  of  this  parallel  of  latitude ;  in  its  course  it  receives 
many  tributary  streams,  both  from  the  north  and  south, 
and  about  300  miles  from  its  month  is  divided  into  two 
large  branches,  one  tending  towards  the  northeast,  and  the 
other  southeast ;  the  former  extending  nearly  to  the  base 
of  the  Rocky  Mountains,  and  the  other  quite  to  its  south- 
em  boundary;  thus  draining  all  the  interior  of  the  country, 
and  a  considerable  portion  of  that  lying  nearer  the  sea. 
The  entrance  to  the  strait  of  Juan  de.Fuca  is  in  latitude 
49°  30,  on  the  southwestern  side  of  Quadra  and  Vancou- 
Ter's  Island.  If  these  facts  are  kept  in  mind,  frequent  re- 
petition may  be  omitted. 

We  shall  discuss  this  subject,  in  order  that  it  may  be 
more  perfectly  and  clearly  understood,  under  five  separate 
divisions  or  heads,  viz :  1st.  Our  Title.  2dly.  What  has 
been  done  to  maintain  this  title  ?  3dly.  What  is  the  pro- 
gress of  British  pretensions  to  Oregon.^  4thly.  What  has 
the  United  States  done  to  protect  her  settlers  ?  5thly.  The 
value  and  importance  of  Oregon. 

1st.  Our  Title.— The  clfiims  of  the  United  States  are 
briefly  these :  Robert  Gray,  esq.,  of  Boston,  Massachusetts, 


OREGON.  V 

in  1792,  in  the  ship  Columbia,  first  discovered  the  mouth 
of  the  great  river  of  Oregon ;  he  arrived  on  the  morning  of 
the  17th  of  May,  and  named  his  vessel  the  "Columbia." 
In  1804  Lewis  anc^  Clark,  in  an  expedition  approved  and  re- 
commended by  Mr.  Jefferson,  explored  this  river,  giving  its 
coast  and  tributaries  a  careful  examination,  from  its  source 
to  the  Pacific  ocean,  and  took  possession,  which  no  one  pre- 
tended at  that  time  to  deny,  claiming  and  calling  it  a  part  of 
the  United  States.     Some  time  afterwards,  in  1810,  we 
think,  John  Jacob  A«tor,  of  the  city  of  New  York,  sent  a 
colony  over  by  the  ship  Tonquin,  the  unfortunate  history 
of  which  is  familiar  to  all,  which  arrived  at  the  mouth  of 
the  Columbia  in  March,  1811,  and  founded  several  large 
establishments  in  the  territory.     These  were  the  first  set- 
tlements that  were  made^  the  first  step  taken  to  civilize  the 
country^  which  is  a  strong  ground  of  our  present  claim 
under  the  law  of  nations.     Previous  to  this,  all  subsequent 
history  proves  that  no  civilized  man  ever  inhabited  the  coast 
of  the  country,  or  that  which  is  contiguous,  except  a  few 
scattered  Indians.    In  the  last  war  it  so  happened  that 
these  posts,  those  established  by  the  colony,  were  taken 
possession  of  by  the  British,  but  were  afterwards  fully  sur- 
rendered by  the  treaty  of  Ghent  to  the  United  States,  un- 
conditionally, and  the  validity  of  the  title  was  duly  acknow- 
ledged by  Great  Britain  in  1814,  in  the  following  terms : 
"That  all  territory,  places,  and  possessions,  whatever, 
taken  by  either  party  from  the  other  during  or  after  the 
war,  except  certain  islands  in  the  Atlantic,  claimed  by  both, 
should  be  restored  without  delay."    Astoria,  under  this 
agreement,  was  in  due  form  delivered  by  the  British  au- 
thorities to  Mr.  Prevost,  appointed  by  the  United  States  as 
agent  to  receive  it.    The  act  of  delivery  is  as  follows : 

"  In  obedience  to  the  commands  of  his  royal  highness, 
the  Prince  Regent,  signified  in  a  despatch  from  the  right 


10  OREGON. 

honorable  the  Earl  of  Bathurst,  addressed  to  the  partners 
or  agents  of  the  Northwest  Company,  bearing  date  the  27th 
of  January,  1818,  and  in  obedience  to  a  subsequent  order, 
dated  the  26th  of  July,  from  W.  H.  Sheriff,  esq.,  captain 
of  his  Majesty's  ship  Andromache,  we,  the  undersigned, 
do,  in  conformity  to  the  1st  article  of  the  treaty  of  Ghent, 
restore  to  the  Government  of  the  United  States,  through 
its  agent  I.  B.  Prevost,  esq.,  the  settlement  of  Fort  George, 
on  the  Columbia  river.  Given  under  our  hands,  in  tripli- 
cate, at  Fort  George,  Columbia  river,  this  6th  day  of  Oc- 
tober, 1818.  . 

F.  HICKEY, 
Captain  of  H.  M.  ship  Blossom. 
^  J.  KEITH, 

»   '    -    5    '  Of  the  JVorthwest  Company^ 

Acceptance  from  Mr.  Prevost :  ^ 

''I  do  hereby  acknowledge  to  have  this  day  received,  in 
behalf  of  the  Government  of  the  United  States,  the  pos- 
session of  the  settlement  designated  above,  in  conformity 
to  the  first  article  of  the  treaty  of  Ghent.  Given  under  my 
hand,  in  triplicate,  at  Fort  Geo»*ge,  Columbia  river,  this  6th 
day  of  October,  1818. 

I.  B.  PREVOST, 
...^j...  .  Agent  for  the  United  States.'''^ 

It  appears  from  this  transfer  that  Astoria  is  designated 
as  Fort  George,  from  the  fact  that  it  was  so  called  from 
the  time  of  striking  the  American  and  hoisting  the  British 
flag,  by  Captain  Black,  of  the  ship  Raccoon.  This  resto- 
ration of  Astoria,  or  Fort  George,  is  another  powerful  rea- 
son in  the  support  of  our  title,  which  is  founded  on  prior- 
ity and  contiguity;  the  former  of  which  rights  is  establish- 
ed as  a  plain  broad  principle  by  all  of  the  first  diplomatists 
of  the  world.  In  Vattel,  p.  99,  sec.  207,  we  find  the  follow- 
ing language  touching  this  point : 


OREGON.  11 

'^  All  mankind  have  an  equal  right  to  things  that  hav« 
not  yet  fallen  into  the  possession  of  any  one ;  and  these 
things  belong  to  the  person  who  first  takes  possession  of 
them.  When,  therefore,  a  nation  finds  a  country  uninhab- 
ited, and  without  an  owner,  it  may  lawfully  take  possession 
of  it ;  and  after  it  has  sufficiently  made  known  its  will  in 
this  respect,  it  cannot  be  deprived  of  it  by  another  nation. 
Thus,  navigators  going  on  voyages  of  discovery,  furnished 
with  a  commission  from  their  sovereign,  and  meeting  with 
islands  or  other  lands  in  a  desert  state,  have  taken  posses- 
sion of  them  in  the  name  of  their  nation ;  and  this  title  has 
been  usually  respected,  provided  it  was  soon  after  follow- 
ed by  a  real  possession."  i 

Again,  chap,  xviii,  book  1,  Vattel  says:  "When  a  nation 
takes  possession  of  a  country  to  which  no  prior  owner  can 
lay  claim,  it  is  considered  as  acquiring  the  empire,  or  sove- 
reignty of  it,  at  the  same  time  with  the  domain.  For  since 
the  nation  is  free  and  independent,  it  can  have  no  intention 
in  settling  in  a  country,  to  leave  to  others  the  right  of  com- 
merce, or  any  of  those  rights  that  constitute  sovereignty. 
The  whole  space  over  which  a  nation  extends  its  govern- 
ment becomes  the  seat  of  its  jurisdiction,  and  is  called  its 
territory  y 

Here  we  find  the  language  used  by  Vattel  plain  and  em- 
phatic, and  applying  directly  to  the  point  in  issue.  This 
territory,  all  admit,  had  "  not  fallen  into  the  power  of  any 
one."  No  nation  had  extended  its  jurisdiction  over  it ;  it 
was  uninhabited,  save  by  savage  tribes  of  Indians ;  and  the 
navigators,  Lewis  and  Clark,  who  made  the  voyage, 
were  fully  empowered  by  this  Government,  and  were  com- 
missioned as  its  lawful  agents ;  therefore,  according  to  the 
principle  laid  down  by  Vattel,  the  American  people,  being 
free  and  independent,  they  may  be  considered  as  having 
first  acquired  the  empire  of  this  territory,  and  at  the  same 


1\     • 

VZ  O  R  E  G  0  ?I. 

lime  the  domain.  There  was  an  attempt  made  at  London,  in 
1818,  by  Messrs.  Rush  and  Gallatin,  commissioners  on  the 
part  of  the  United  States,  and  Messrs.  Golburn  and  Ro~ 
binson,  on  the  part  of  England  to  close  the  negotiation. 
The  parallel  of  490  was  agreed  upon  by  said  commission- 
era  as  the  boundary  line  from  the  Lake  of  the  Woods  to 
the  Rocky  Mountains.  A  proposition  was  afterwards 
made  by  Messrs.  Rush  and  Gallatin,  to  extend  the  same  to 
the  Pacific  ocean ;  this  was  positively  declined  by  the  Brit- 
ish commissioners,  and  the  negotiation  upon  this  point 
ended  in  the  following  stipulation,  which  is  the  3d  article 
of  the  convention  of  1818 : 

"  It  is  agreed,  that  any  country  that  may  be  claimed  by 
either  party  on  the  northwest  coast  of  America,  westward 
of  the  Stony  Mountains,  shall,  together  with  its  harbors, 
bays,  and  Ci  ^e*  s,  and  the  navigation  of  all  rivers  within 
the  same,  be  i^ee  and  open  for  the  term  often  years,  from 
the  date  of  the  signature  of  the  present  convention,  to  the 
vessels,  citizens,  and  subjects  of  the  two  powers ;  it  being 
well  understood  that  this  agreement  is  not  to  be  construed 
to  the  prejudice  of  any  claim  which  either  of  the  two  high 
contracting  parties  may  have  to  any  part  of  the  said  coun- 
try ;  the  only  object  of  the  high  contracting  parties,  in  that 
respect,  being  to  prevent  disputes  and  difierences  among 
themselves." 

The  Florida  treaty,  between  Spain  and  the  United 
States,  was  concluded  in  1819.  The  3d  article  cedes  to 
the  United  States  all  claims  and  pretensions  to  any  terri- 
tory upon  the  western  coast  of  America,  north  of  latitude 
42°.  By  a  convention  between  Russia  and  the  United 
States,  signed  at  St.  Petersburg  in  1824,  the  latitude  of 
54°  40  was  settled  as  the  boundary,  controlling  the  right 
of  making  settlements,  between  the  territory  claimed  by 
the  contracting  parties  upon  the  northwest  coast  of  the 
American  continent.    The  understanding  respecting  the 


OREGON.  13 

rights  of  Spain  was  positive.  The  country  west  of  the 
Rocky  Mountains,  between  the  parallels  of  42°  and  54° 
40,  were  reduced  to  two,  viz:  the  United  States  and  Great 
Britain.  It  seems,  however,  that  prior  to  the  convention 
with  Russia  in  1824,  there  was  an  attempt  made  by  a 
number  of  individuals  ta  settle  the  claims  of  the  three 
powers — Great  Britain,  Russia,  and  the  United  States. 
A  negotiation,  after  a  long  dispute  and  great  difficulty, 
was  attempted ;  but  such  was  the  diversity  of  opinion,  and 
the  opposition  coming  from  all  quarters,  respecting  the 
mode  of  adjustment,  and  the  means  to  be  employed  to 
effect  it,  so  as  to  meet  with  the  sanction  and  approval  of 
said  parties,  that  the  undertaking  was  abandoned,  though 
very  reluctantly,  by  its  friends.  Each  country  knowing 
best  its  own  interests,  concluded  to  negotiate  in  their  own 
way.  This  could  not  be  objected  to,  for  there  were  jea- 
lousies then  existing  that  could  not  be  removed,  save  by 
the  arbitration  of  the  friends  of  the  parties  themselves. 

Another  attempt  was  made,  however,  in  London,  in  1824, 
by  Mr.  Rush,  representing  the  United  States,  and  Messrs. 
Huskisson  and  Canning,  in  behalf  of  Great  Britain;  many 
opportunities  were  sought  to  settle  the  controversy  amica- 
bly, if  possible,  each  setting  forth  statements  and  argu- 
ments according  to  their  own  views ;  this  failed  also,  and 
may  be  attributed  to  the  great  excitement  prevailing  through- 
out Europe,  at  the  declaration  made  by  Mr.  Monroe,  in  his 
message  to  Congress  in  1823 — ^"that  henceforth  the  Ameri- 
can continents  are  not  to  be  considered  as  subjects  for 
colonization  by  any  European  powers.^'  A  negotiation  was 
again  attempted  at  London,  in  1826,  between  Mr.  Gallatin, 
of  the  United  States,  and  Messrs.  Huskisson  and  Adding 
ton,  of  Great  Britain.  Strong  fears  were  entertained  that 
it  would  result  as  did  those  which  preceded  it.    Many 

months  was  the  matter  pending,  when  in  August,  1827,  to 
2 


14  OREGON. 

the  surprise  of  the  people  of  both  countries,  particularly 
our  own,  an  agreement  was  made  to  continue  the  third 
article  of  the  Convention  of  ISIS,  indefinitely,  either  party 
being  at  Uberty  to  abrogate  or  annul  it,'^  by  giving  twelve 
months  notice  to  the  other  party  at  any  time  after  the  26th 
of  October,  1828,  when  the  Convention  would  expire  by 
its  own  limitation.  During  the  different  negotiations  that 
were  proposed,  we  have  at  all  times  agreed  upon  the  par- 
allel of  49°  to  the  shores  of  the  Pacific  Ocean,  as  the 
boundary  between  ^e  territories  of  Great  Britain  and  the 
United  States,  west  of  the  Rocky  Mountains ;  this  they 
would  never  consent  to,  though  perfectly  just  and  fair,  but 
expressed  their  willingness  to  take  this  boundary  across  the 
mountains,  until  it  intersected  the  upper  branch  of  the  Co- 
lumbia; thence  to  continue  the  boundary  line  along  the 
middle  of  this  branch  to  the  main  stream,  and  down  that 
to  the  Pacific  Ocean;  the  United  States  to  possess  all 
south  and  east,  and  Great  Britain  all  north  and  west  of  it. 
The  river  was  to  be  open  of  course  to  the  vessels  of  both 
countries  which  might  pass  at  any  time  without  the  fear  of 
molestation.  Afler  the  American  Commissioners  received 
this  proposal,  and  not  knowing  whether  it  would  be 
approved  in  America,  they  waited  before  making  their  re- 
ply, until  they  could  learn  the  opinions  of  the  first  men  of 
our  country,  and  the  voice  of  the  people  generally.  As 
soon  as  it  was  ascertained  in  England,  that  America  would 
not  consent  to  the  terms  proposed,  that  they  were  consid- 
ered selfish,  unjust,  and  unfair,  Mr.  Gallatin  offered  the  fol- 
lowing :  "•  that  if  the  said  line,  the  parallel  of  49°,  should 
cross  any  of  the  branches  of  the  Columbia,  at  points  from 
which  they  are  navigable  for  boats  to  the  main  stream,  the 
navigation  of  such  branches  and  of  the  main  stream,  should 
be  perpetually  free  and  common  to  the  people  of  both  na- 
tions.^^    This  proposition,  though  reasonable  in  all  its  fea- 


OREGON.  15 

tures,  was  rejected  peremptorily  by  the  British  Commis- 
sioners, who,  after  great  reluctance,  consented  to  yield  to 
the  IVJted  States  the  whole  territory  lying  north  of  the 
Columbia,  as  far  as  the  straits  of  Juan  de  Fuca,  and  east 
from  the  Pacific  to  Admiralty  Inlet.  The  British  have  al- 
ways contended  for  the  free  navigation  of  the  Columbia, 
from  its  mouth  to  49°  of  latitude,  and  upon  this  point  the 
negotiation  has  hitherto  failed.  The  United  States  have  ev- 
er  been  unyielding,  claiming  the  exclusive  possession  south 
of  49°,  and  offering  to  Great  Britain,  conditionally,  sl  right 
to  navigate  a  part  of  the  Columbia  within  that  Umit.  She 
has  never  contended  for  the  absolute  and  exclusive  right 
of  Oregon,  for  such  a  demand  would  be  utterly  absurd,  but 
only  for  that  part  of  it  which  is  not  already  occupied,  only 
for  that  which  is  ceded  to  her  by  the  third  article  of  the 
Convention  of  1818.  She  has  been  perfectly  willing  to  re- 
linquish a  part  of  these  claims,  and  we  have  insisted  upon 
her  relinquishing  the  whole.  The  grounds  upon  which  we 
base  our  claims  are  thus  briefly  summed  up  in  our  able 
treaties  on  this  question  for  Congress  in  1840.  "  The  fu-st 
discovery  and  entrance  into  the  Columbia  by  Captain  Gray, 
in  1792 — ^the  first  exploration  from  its  source  to  its  mouth 
by  Lewis  and  Clark,  in  1805 — the  first  settlement  upon  any 
portion  of  its  borders  made  by  Mr.  Astor''s  party  at  Astoria, 
in  1811 — the  unconditional  restoration  of  this  part,  which 
was  captured  by  Great  Britain  during  the  war,  and  restored 
under  the  first  article  of  the  treaty  of  Ghent,  thereby  vir. 
tually  recognising  the  territorial  right  of  the  United  States 
under  the  Florida  treaty  in  1819  of  all  the  titles  of  Spain, 
which  titles  were  derived  from  the  discovery  and  explora- 
tion of  the  regions  in  question  by  Spanish  navigators,  be- 
fore they  had  been  seen  by  the  people  of  any  other  civil- 
ized nation;  and  lastly,  upon  the  ground  of  conti^ity,  we 
already  possessing  the  territory  up  to  the  eastern  boun- 


16  OREGON. 

dary.^^  Having,  wc  think,  clearly  shown  from  facts  taken 
from  public  records  that  our  right  and  title  to  this  territory 
is  beyond  question,  inasmuch  as  we  claim  it  from  cessions 
and  negotiations  made  between  different  countries,  particu- 
larly from  cessions  made  by  Spain  and  Great  Britain  during 
times  of  peace,  we  shall  proceed  to  examine  the  claims  of 
Great  Britain  after  the  introduction  of  additional  facts 
touching  the  title  of  the  United  States.  It  is  acknow- 
ledged by  all,  we  believe,  that  the  Sprmards  ceded  to  us 
all  their  territorial  rights  between  the  northern  boundary  of 
new  Mexico,  and  the  southern  boundary  of  the  Russian 
possessions;  at  the  time  that  the  surrender  was  made,  strong 
fears  were  entertained  by  the  Spanish  government,  that 
possibly  necessity  would  compel  them  in  some  future  day 
to  yield  to  Great  Britain,  when  they  were  bitterly  opposed 
to  their  laws  and  political  institutions,  and  to  the  general 
character  and  spirit  of  the  people ;  but  thoy  surrendered 
their  claims  to  the  United  States,  and  France  did  likewise. 
If  this  be  true,  and  if  either  of  these  countries  possessed 
territorial  rights,  arkd  had  the  power  C  ^  make  what  disposi- 
tion of  them  they  pleased  under  ths  law  of  nations,  these 
rights  are  now  possessed  by  the  United  States,  and  can  be 
claimed  by  no  other  power.  What  was  the  state  of  affairs 
about  the  time  of  the  settlement  of  the  English  North 
American  Colonies  ?  The  royal  patents  to  these  colonies 
extended  westward,  even  to  the  Pacific  Ocean,  and  if  the 
British  government  ever  had  any  right  over  the  region  west 
of  the  Mississippi,  that  right  was  fully  transferred  to  the 
United  States  by  the  treaty  of  1783,  and  therefore  preclu- 
ded, or  in  a  legal  phrase,  estopped  their  making  any  claim 
to  the  country  at  this  late  day.  After  the  peace  of  Aix  La 
Chapelle,  in  1748,  the  French  government  extended  their 
settlements  over  the  valley  of  the  Mississippi,  on  the  east 
side  of  that  river,  and  along  the  Illinois,  and  along  the  Ohio 


ORGOON.  17 

up  to  Pittsburg,  where  they  built  Fort  du  Quesne.  The 
British  government  became  greatly  incensed,  and  com- 
plained of  these  settlements  as  encroachments^  declaring 
that  the  whole  French  territory  was  on  the  west  of  the 
Mississippi,  and  that  they  were  assuming  rights  which  they 
had  no  right  to  claim.  The  whole  country  was  thrown 
into  disturbance,  an  angry  dispute  arose  as  to  the  means 
which  had  best  be  adopted  to  put  an  end  to  these  aggres- 
sions, which  resulted  in  the  war  of  1756,  called  in  Europe 
"  the  seven  years  war^'^  and  in  the  United  States,  "  the  old 
Frenchwar^'^  signalized  by  Braddock's  defeat  by  the  French 
and  Indians,  and  the  capture  of  Fort  du  Quesne  by  the 
British,  which  they  afterwards  called  Fort  Pitt ;  and  also 
by  the  British  conquest  of  Canada.  By  the  treaty  of  Paris 
of  1763,  (the  termination  of  this  war,)  the  French  surren- 
dered to  the  British  the  Canadas,  and  all  the  territory  east 
of  the  Mississippi  and  north  of  the  Ohio ;  and  by  the  same 
treaty  the  British  relinquished  to  the  French  all  right  to 
the  country  west  of  the  Mississippi.  This  unquestionably 
confirmed  the  right  of  the  French  to  Louisiana,  extending 
to  latitude  58°  30  north,  and  indefinitely  west ;  and  every 
inch  of  this  v"^  ceded  by  France  to  the  United  States,  by 
the  treaty  oi  l^^'6.  No  one  pretended  to  deny  the  right 
of  France  to  makt  '  s  cession,  and  the  transfer  was  con- 
sidered clear  and  int  ^putable.  The  British  patents  cer- 
tainly did  extend  to  the  North  American  colonies ;  if  so, 
the  treaty  of  Paris,  of  1783,  gave  Oregon  to  the  United 
States  beyond  the  possibility  of  doubt.  Grant,  for  the  sake 
of  argument,  that  these  patents  did  not  extend  beyond  the 
Mississippi — ^that  they  were  strictly  confined  within  these 
limits — what  became  of  the  territory  west  of  that  river .? 
Great  Britain  surrendered  it  clearly  to  France,  by  the  trea- 
ty of  Paris  of  1763,  and  it  became  ours  by  the  treaty  of 
1803 ;  so  the  matter  stands  thus — whether  this  territory. 


18  OREGON. 

prior  to  1763,  was  British  or  French,  it  must  be  American 
now,  and  not  British.  If  it  belonged  to  England  prior  to 
1763,  subsequently  it  was  ceded  to  us  solemnly  and  for- 
mally. If  it  belonged  to  France  before  that  date,  1763, 
and.  held  until  1803,  it  then  became  ours.  We  contend,  in 
whatever  light  the  subject  is  viewed,  that  Oregon  is  ours. 
Suppose  we  leave  out  the  French  title,  which  was  con- 
sidered vaUd  up  to  the  time  of  the  cession,  we  still  find  a 
bar  to  any  English  claim  in  the  right  of  the  Spaniards. 
In  1790  the  British  admitted,  over  and  over  again,  their 
right ;  for,  by  the  convention  between  Spain  and  Britain, 
dated  October  28  of  that  year,  the  British  obtained  merely 
the  right  to  fish  along  the  coast,  and  to  ^^  land,  trade  with 
the  natives,  and  settle,^^  and  thus  admitted  the  territorial 
jurisdiction  of  Spain.  In  1819  this  country  (Spain) 
made  an  absolute  surrender  to  the  United  States  of  all 
its  territory  on  the  northwest  coast,  north  of  latitude 
42°.  If  this  be  true,  and  Great  Britain  admitted  it  by 
the  convention  of  1789,  and  these  rights  being  ceded  to 
us  by  the  treaty  of  Oregon,  of  course  Oregon  belongs 
to  the  United  States,  and  not  to  England.  But  let  us 
glance  at  the  treaty  between  France  and  Spain,  that 
establishes  our  right  beyond  controversy.  By  the  treaty 
of  Utrecht,  of  1714,  the  boundary  line  between  the  British 
Hudson  Bay  possessions  on  the  north,  and  the  French 
possessions  on  the  south,  including  Canada  and  Louisiana, 
begins  on  the  Atlantic  ocean,  in  latitude  58°  30  north, 
runs  thence  south  to  Lake  Mistasin,  and  thence  south- 
west to  north  latitude  59°,  and  thence  west  indefinite- 
ly ;  and  by  the  treaty  of  Paris,  of  1763,  the  Mississippi  is 
recognised  as  the  western  British  and  eastern  French 
boundary.  By  this  very  treaty  France  yields  all  her  pos- 
sessions in  Canada,  south  of  a  Hne  beginning  at  the  Atlan- 
tic ocean,  in  north  latitude  58°  30,  running  thence  south- 


OREGON.  W 

west  to  latitude  49°,  and  thence  due  west  to  the  northeast 
comer  of  liouisiana.  Here  we  find  both  of  these  treaties 
excluding  the  British  from  every  thing  west  of  the  Missis- 
sippi, and  south  of  north  latitude  49°.  And  as  Britain  is 
excluded  by  the  Spanish  convention  of  1790,  from  all  ter- 
ritorial rights  north  of  this  French  boundary,  (latitude  49°,) 
she  is  excluded  from  the  whole  northwest  coast,  north  of 
the  Mexican  boundary  of  north  latitude  42°.  Then,  as 
England  never  had  a  right  to  this  territory,  except  an  ex- 
ploded discovery  of  the  pirate  Drake,  and  acknowledged  a 
French  right  in  1714  and  1763,  and  an  American  right  to 
any  pretence  of  British  claim  in  1783,  and  a  Spanish  right 
in  1790 ;  and  as  France  acknowledged  an  American  right 
in  1803,  and  Spain  an  American  right  in  1819,  Oregon  is 
now  American  and  not  British.  We  have  presented  these 
facts,  many  of  which  have  been  stated  before,  but  they  go 
lucidly  to  prove  the  validity  of  the  American  title,  and  the 
utter  absurdity  of  British  claims. 

>  British  Claims.  r^  .  j 

1st.  Great  Britain  founds  her  right  on  the  commercial 
treaty  of  Spain  in  1790,  which  we  admit  was  solenmly 
made  and  entered  into.  It  was,  however,  afterwards  fully 
and  completely  abrogated  by  war  between  the  two  nations, 
before  Spain  transferred  her  claim  to  the  United  States. 
This  was  admitted  by  all  nations,  and  by  Great  Britain 
herself,  which  of  course  gave  to  Spain  the  right  and  power 
to  dispose  of  this  territory,  which  was  bona  fide  and  vir- 
tually her  own,  in  any  manner  she  saw  fit.  -  -.i 
t-"  2dly.  She  rests  her  claim  on  pretended  priority  to  the 
Columbia  river,  denying  its  discovery  by  Captain  Gray  in 
1792,  and  giving  the  credit  of  it  to  one  of  her  own  naviga- 
tors, (Mr.  Mears,)  in  1788,  four  years  after  its  discovery  by 
Captain  Gray.    She  also  affirms  that  some  of  her  own 


OREGON. 

subjects,  while  on  an  exploring  expedition,  sailed  a  con- 
siderable distance  up  the  Columbia  river,  exploring  its 
coasts  for  many  miles,  apd  bringing  away  with  them,  as 
an  evidence  of  the  truth  of  their  story,  many  remarkable 
productions  of  the  earth,  which  their  own  soil  had  never 
produced.  This,  however,  was  proven  to  be  futile  through- 
out, and  was  not  at  all  regarded  as  an  evidence  of  the  va- 
lidity of  their  title.  Moreover,  it  was  afterwards  proven 
that,  instead  of  Mears  coasting  along  the  shore  from  lati- 
tude 49°,  he  was  sailing  in  the  longitude  of  488  to  longitude 
458,  and  was,  in  truth,  hundreds  of  miles  distant  from  the 
mouth  of  the  Columbia.  As  another  evidence  of  the  entire 
failure  of  his  purpose,  soon  after  his  return  to  London, 
fully  satisfied  that  the  idea  of  a  northwestern  coast  was 
false  and  visionary,  he  gave  to  the  cape  and  bay  of  Colum- 
bia the  name  of  Cape  Disappointment  and  Deception  Bay, 
and  published  in  the  daily  journals  of  the  city,  some  of 
which  reached  this  country,  a  history  of  his  voyage,  never 
mentioning  the  discovery  which  was  afterwards  attributed 
to  him  with  so  much  plausibility. 

3dly.  Great  Britain  admits  that  the  3d  article  of  the  Flo- 
rida treaty  fully  vests  in  the  United  States  all  the  rights 
which  belong  to  Spain,  but  maintains  a  right  to  joint-occu- 
pancy, and  to  a  participation  in  all  the  resources  and  ad- 
vantages of  Oregon,  under  the  treaty  of  1827.  She  con- 
tends that  all  the  rights  and  privileges  granted  to  her  by 
the  3d  article  of  the  convention  of  1790,  commonly  called 
the  Nootka  Convention,  have  never  been  invalidated,  and 
that  the  same  rights  she  then  exercised,  having  never  been 
annulled,  hold  good  now  as  then.  Though  there  was  at 
one  time  a  tacit  acknowledgment,  on  the  part  of  Great  Brit- 
ain, that  they  had  no  claims  upon  this  part  of  the  territory, 
by  not  interfering  or  objecting  to,  in  any  way,  the  establish- 
ment of  American  settlements,  many  of  which  stretched 


OREGON'.  21 

along  the  coast  for  many  miles,  when  their  own  vessels, 
laden  with  their  own  goods,  were  passing  up  and  down  the 
river  every  day ;  they  now  insist  that  the  treaty  of  peace 
between  Spain  and  Great  Britain  revived,  or  renewed, 
these  stipulations,  rendering  them  as  good  as  ever,  and 
placing  them  in  full  operation.  She  has,  surely,  no  claims 
by  cession,  except  what  she  may  have  obtained  by  the 
Nootka  treaty,  all  the  rights  of  France  and  Spain  having 
been  ceded  to  the  United  States  by  formal  cession — ^the 
first  by  the  Louisiana  treaty,  the  second  by  the  Florida 
treaty  of  1819.  The  rights  of  Great  Britain  are  defined  in 
the  convention  of  1790,  which  we  quote  as  follows :  "They 
embrace  the  right  to  navigate  the  waters  of  that  country, 
and  to  trade  with  the  inhabitants  and  occupiers  of  the 
same.'"  :-..;.      i-s.ci..'*    ''.'iiiv-rnt^ 

The  reason  why  England  is  so  very  tenacious  of  her 
claims  to  this  territory  is,  that  ever  since  1813  there  has 
been  a  steady  and  constantly  increasing  intercourse  between 
Oregon  and  that  nation;  they  have  established  their  fisheries 
wherever  they  could,  together  with  their  posts  and  trading 
houses,  which  may  be  found  in  the  interior  of  the  country, 
and  on  the  tributary  streams  that  can  only  be  reached 
through  the  channel  of  the  Columbia.  This  Government 
is  anxious,  as  we  admit  all  other  Governments  are,  to  ex- 
tend its  vast  trade  throughout  the  world,  gradually  to  ex- 
tend its  dominion,  and,  above  all,  to  place  the  Hudson 
Bay  Company  (which  has  been  often  spoken  of  by  Hus- 
kisson  and  Addington)  on  a  foundation  that  cannot  be  in- 
terfered with.  After  the  free  undisturbed  use  of  these 
waters,  which  for  the  last  fitly  years  have  been  the  means 
of  hheir  carrying  on  so  extensively  and  v<3uccessfully  the  fur 
trade,  the  benefits  of  which  have  been  felt  and  appreciated 
throughout  her  borders,  they  are  very  reluctant,  naturally 
so,  to  surrender  that  which  for  a  long  time  they  have 


a»  OREGON. 

claimed  as  their  own,  without,  as  they  think,  the  assign- 
ment on  our  part  of  any  good  or  just  reason.  With  res- 
pect to  the  occupancy  of  Oregon,  the  British  are  not  so  te- 
nacious as  formerly.  Some  few  years  ago  a  large  number 
of  fur  traders  made  considerable  fortunes  from  their  estab- 
lishments planted  on  the  different  streams;  they  were  system- 
atic in  all  their  operations,  which  is  the*  great  secret  of  suc- 
cess in  every  thing;  and  there  was  a  congeniality  of  feeling 
and  of  sentiment,  which  brought  about  the  liveliest  interest. 
The  fur  was  carried  to  London  at  a  verj  trifling'  expense, 
prepared  for  market,  and  sold  at  tremendous  profits;  they 
bad  vessels  of  their  own,  and  all  that  was  required  was  the 
necessary  time  of  conveyance.  The  fur-bearing  animals 
of  late  are  not  so  abundant ;  the  number  has  greatly  and 
perceptibly  diminished,  and  those  which  are  most  sought, 
because  of  their  value,  are  hid  in  the  mountain  caverns  and 
recesses,  away  from  the  rifle  of  the  huntsman.  The  pro- 
ceeds of  the  sales,  indeed  the  quantity  of  fur  procured,  has 
decreased  to  almost  one-half  of  what  it  was  in  1829  and 
1830 ;  as  the  population  increases  so  will  the  number  of 
these  animals  diminish,  until  at  last  all  interest  will  be  lost 
Irom  their  scarcity.  -.^^i.tfj    ;?»  £,-wS..m 

*"  It  is  said  by  Mr.  Wyth,  a  gentleman  distinguished  for 
his  practical  knowledge,  and  admired  for  his  virtues  and 
noble  bearing,  "that  the  profits  are  hardly  worth  the  labor." 
He  has  conducted  two  parties,  at  different  times,  across 
the  Rocky  Mountains,  and  resided  west  of  them  for  several 
years,  and  has  never  been  able  to  realize  even  a  moderate 
profit;  he  says,  "that  the  profits  of  the  Hudson  Bay  Com- 
pany, from  their  collection  of  furs,  within  the  befora  named 
limits,  did  not,  in  1836,  exceed  the  sum  of  j|(10,000."  This 
is  a  very  small  profit,  looking  to  the  number  interested  in 
the  enterprise. 
.   It  appears  that,  in  1826,  Mr.  Clay  consented  to  yield  to 


OREGON.  23 

Great  Britain  one  third  of  this  territory.  The  question  had 
been  before  the  consideration  of  the  American  people  for 
some  time,  and  was  ably  discussed  throughout  the  land 
by  men  whose  opinions  were  entitled  to  weight,  and 
who  had  carefully  examined  it  in  all  its  bearings,  with 
regard  to  our  country  as  well  as  Great  Britain.  This 
distinguished  man  acted,  as  he  thought,  with  the  consent 
and  approbation  of  a  majority  of  the  people.  Soon  after- 
wards, it  was  hoped  and  believed,  that  Lord  Ashburton 
had  been  sent  from  England  with  full  p'>wer  and  authority 
to  adjust  all  disputes  and  difficulties,  and  to  bring,  if  pos- 
sible, all  contested  points  to  an  amicable  settlement ;  but 
after  his  arrival  it  was  ascertained  that  he  was  only  em- 
powered to  settle  one  question  of  dispute.  He  remained 
in  America  some  time  at  the  seat  of  Government ;  and  it 
was  at  first  thought  that,  though  he  was  apparently  indif- 
ferent, not  having  any  thing  to  say  or  do  with  those  au- 
thorized to  settle  the  question,  that  he  was,  in  truth,  ex- 
pressly sent  to  negotiate  tlie  matter,  and  would  in  a  short 
time  enter  upon  his  duties ;  this,  however,  proved  to  be  a 
mistake,  and  the  Lord  returned  to  England  without  taking 
any  action  whatever.  It  is  possible  that  he  was  the  bearer 
of  secret  despatches  to  the  British  minister,  and  it  was  sur- 
mised by  some  that  he  was,  though  there  was  nothing  po- 
sitive ascertained,  or  that  could  be  relied  on.  We  cannot 
help  thinking  that  we  have  clearly  proven,  from  a  deduc- 
tion of  plain  facts  and  statistics,  the  validity  of  our  title, 
under  the  law  of  nations,  to  the  territory  of  Oregon ;  that, 
in  demanding  that  portion  of  it  extending  to  49°,  we  are 
violating  no  cession  or  treaty,  nor  infringing  upon  the 
rights  of  England,  or  any  other  power;  that  we  have  a 
pei  /i3ct  right  to  send  our  people  there,  with  our  constitu- 
tion and  laws,  plant  our  dock-yards,  arsenals,  and  fortifi- 
cations, and  through  all  time  to  come,  unless  our  country, 


24  OREGON. 

in  her  giant  etrides  in  all  that  appertains  to  national  honor 
and  glory,  meets  with  some  unlooked  for  and  revolution- 
izing catastrophe,  to  exercise  all  the  rights  and  immunities 
of  a  republican  Government,  and  the  privileges  of  a  free 
people.  f  '      ^      •  '-    •''  > 

■yiil!^  '•»»;»'%      .r»^t«v,.,      .  ,      ,    ,.  V        :..  j     .  :  •.>;.,;?.  •  .  . ,{ 

-jmj  vino  fijivf  ;?il  t^a;  i  »•<;}!■:»••  ►*  -<  .     :  '•-•\r. 

^IJB  ;;'■  v/U   ^iJi-^r  .►;•    "^'i    ^  ■      -  i 

■■^■^     -J^rj;  ;;f   -'w/   '   i   .    ;  :  •  .     .  ..  .^.  . 

.  r.  V--   '  'if.,  '  '  ,.;?  .•  :. 

i    : -.  '  ;    :    -r-yi     •  >*    </■  .  .  ;  .. 

ioantio  ml     .ivj  ^  :■•!■>.  -.^.i       .     ..  ..•        >  •  .  .  >•»    ir: 

•■■in  J-  >  r \     '  <.•     ni;i  »:  -    '^  ifi  it.jii    tl\'. 


n>  u  *        '  -  ■■  .       i 

u:  -  =5  CHAP.  II.  .  ,       ,, 

What  has  been  done  to  maintain  this  title  ?      '  '''' 

We  answer,  that  the  Government  has  done  absolutely 
nothing.  Though  for  many  years  continual  aggressions 
have  been  made  by  the  British,  who  have  been  taking  gra- 
dual possession  of  this  territory,  sending  over  every  year 
their  own  population,  under  the  protection  of  their  flag, 
and  furnishing  them  with  vessels  of  war  in  case  of  an  at- 
tack, the  Congress  of  the  United  States  has  remained  per- 
fectly indifferent,  though  these  facts  were  presented  for 
their  consideration  every  day  in  the  public  prints  of  the 
land.  This  course  has  been  pursued  and  tolerated  for  so 
long  a  time,  that  really,  to  remove  them,  surrounded  as 
they  are  by  fortifications,  and  every  means  of  defence, 
would  require  a  formidable  army.  There  they  are,  and 
there  they  have  been  for  years  undisturbed  in  their  pur- 
suits, and  unmolested  by  foreign  interference.  They  fear- 
lessly, as  they  should  have  done  if  determined  at  all  haz- 
ards to  execute  their  design,  took  up,  with  the  eyes  of  the 
world  resting  upon  them,  the  implements  of  husbandry — 
the  spade,  hammer,  and  axe — and  went  forth,  with  a  cou- 
rage that  braved  all  difficulties,  into  the  very  interior  of  this 
wilderness,  to  open  a  new  field  for  generations  to  come. 
Many  attempts  were  made,  by  the  timid  and  doubting,  to 
deter  them  in  their  brave  and  philanthropic  enterprise ;  the 
dangers  incident  to  the  voyage  and  settlement  were  elo- 
quently pourtrayed  and  vividly  painted  by  the  strong  oppo- 
sition who  held  up  the  idea  to  scorn ;  the  press  teemed 
with  melancholy  forebodings  and  revolting  prophesies; 
but  nothing  would  swerve  them ;  they  resolved  to  brook 
all  difficulties,  and  prove  to  the  world  that  "  perseverance 


98  OREGON. 

and  labor  conquers  all  things."  Their  object  has  been  in 
a  great  measure  accomplished ;  where  the  foot  of  the  red 
man  trod,  they  have  erected  their  huts  and  cabins,  and  the 
hum  of  the  loom  and  spinning-jenny  tell  their  purpose  to 
carry  on  the  work  of  civiHzation.  They  have  become  per- 
manent settlers,  perfectly  acclimated  and  well  satisfied; 
and  they  are  anticipating  what  they  will  soon  reaUze,  un- 
less we  take  some  firm  and  decisive  step— an  increase,  and 
a  vast  one,  of  the  British  population.  Had  it  not  been  for 
Mr.  Jefferson^s  message  to  Congress  in  1803,  recommend- 
ing, and  almost  insisting  upon,  the  exploration  of  the  north- 
western coast  by  our  own  men,  Lewis  and  Clark,  and  urg- 
ing, in  language  almost  irresistible,  the  propriety  and  ab- 
solute necessity  of  making  an  appropriation  for  carrying 
on  this  work,  the  undertaking,  in  all  probability,  would 
never  have  been  made ;  or,  if  made,  relinquished  before  its 
consummation.  Congress,  at  first,  was  opposed  to  the 
scheme,  to  the  surprise  and  indignation  of  all  parties,  for 
party  had  nothing  to  do  with  a  matter  purely  national  in 
its  character  and  results ;  and  had  it  not  learned  in  a  very 
short  time  the  wishes  of  the  people,  and  that  the  rejection 
of  a  proposition,  coming  from  a  statesman  so  capable  of 
advising,  which  was  so  admirable  and  politic,  being  uni- 
versally approved,  the  presumption  is  that  no  action  would 
have  been  taken  whatever,  while  the  British  were  perfect- 
ing plans  and  making  inroads  which  foretold  their  ultimate 
success,  unless  a  change  took  place.  After  the  subject  had 
been  considered  by  the  members,  the  appropriation  was 
made,  and  here  the  matter  rested,  most  unfortunately,  for 
a  long  period  of  time.  Nothing  was  done  until  1815,  an 
interim  of  twelve  years.  At  this  most  important  and  criti- 
cal juncture  the  whole  nation,  the  Legislatures  of  the  dif- 
ferent States,  Congress,  the  Senate,  the  ex-Presidents,  and 
all  in  authority,  seemed  to  labor  under  a  false  impression 


OREGON.  27 

that  England  had  no  idea  of  sending  her  forces  to  Oregon  • 
that  she  was  so  deeply  engrossed  with  her  internal  affairs, 
then  somewhat  disturbed,  that  no  attention  would  be  paid 
to  minor  considerations.  The  opinion  was,  that  she  re- 
garded it  as  a  wild  sterile  region,  for  which  she  would  not 
give  one  farthing,  and  that  no  fear  need  be  apprehended  of 
her  taking  possession.  At  this  very  time  the  greatest  minds 
were  projecting  ways  and  means  by  which  they  could 
claim,  not  a  part,  but  the  whole  of  the  territory.  The  sub- 
ject was  not  introduced  into  the  House  of  Commons^  for 
fear  of  its  being  made  public ;  an  attempt  was  made  to  do 
so,  which  failed.  The  whole  country  was  on  tiptoe,  in- 
cluding Scotland  and  Ireland,  and  all  the  distant  domin- 
ions of  Great  Britain,  to  send  over  their  colonies  and  oc- 
cupy the  whole  territory,  until  the  United  States,  perceiv- 
ing this  intenti  )n,  positively  and  emphatically  demanded 
the  restoration  of  Astoria,  under  the  first  article  of  the 
treaty  of  Ghent.  Thi«  caused  a  panic  throughout  England ; 
it  came  upon  them  at  a  time  when  they  thought  their 
scheme  was  in  the  very  act  of  being  carried  out.  They 
little  suspected  what  was  going  on,  when  it  was  believed 
that  the  United  States  was  indifferent  about  the  possession 
of  Oregon,  considering  it  incapable  of  cultivation.  This 
application  they  seemed  unwilling  to  grant;  she  considered 
it  unreasonable,  in  view  of  the  long  time  that  had  elapsed 
since  she  sent  over  her  first  settlers,  and  a  trespass  upon 
her  own  rights.  The  American  Government  was  prompt 
and  decisive,  reminding  her  of  the  lessons  taught  her  in 
1775  and  1776,  and  insisting  that  she  had  no  right  to  claim 
that  which  all  nations  had  acknowledged  not  her  own. 
The  surrender  was  made,  though  with  great  reluctance ; 
and  the  British,  though  yielding  to  the  application,  felt  con- 
vinced that,  in  the  course  of  time,  the  United  States  would 
underrate  the  value  of  this  vast  territory,  and  consequently 


28  OREGON. 

abandon  all  claim  to  it.  She  found  that  the  title,  if  not 
false,  was  founded  on  the  merest  pretences,  which  would 
not  justify  her  in  taking  hostile  steps;  and,  though  her 
leading  men  in  Parliament  and  out  of  it,  were  strong  in 
their  abuse  and  denunciation  of  the  prevailing  opinion  in 
America,  that  the  cession  of  Spain  gave  to  the  United 
States  the  clear  and  undeniable  right  of  occupancy,  and 
was  valid  in  all  time  to  come.  It  happened,  soon  after, 
that  England  founded  her  claims  on  an  absurd  title  of  dis- 
covery before  alluded  to — an  annulled  treaty  with  Spain — 
and  upon  a  miserable  fancy  of  a  fanatical  priest,  whose 
imaginary  travels  and  discoveries  are  ridiculed  and  dis- 
credited by  their  own  historians,  and  by  all  contemporary 
and  subsequent  authors.  These  pretensions,  as  all  other 
British  pretensions  have  been,  and  must  be,  are  now  sanc- 
tioned by  the  principal  men  of  Europe.  The  negotiation 
of  1827,  which  gave  to  Great  Britain  the  right  of  joint-oc- 
cupancy, and  the  privilege  of  erecting  settlements,  and  the 
free  use  of  the  Columbia  river  and  its  tributaries,  greatly 
added  to  her  assumptions,  confirmed  her  purpose  to  ad- 
vance in  the  enterprise,  and  the  intelligence  was  enthusi- 
astically hailed  from  one  part  of  the  country  to  the  other. 
There  were  meetings  of  rejoicing  and  congratulation  in 
several  of  the  largest  towns  and  cities ;  in  Manchester,  for 
instance,  there  was  a  regular  organized  party,  who  insisted 
upon  having  Oregon,  if  not  by  compromise  and  negotia- 
tion, at  the  cost  of  blood  and  treasure.  Those  meetings 
were  riotous  and  noisy,  the  speeches  were  characterized 
by  violence  and  fanaticism ;  appeals  were  made  to  the  pas- 
sions and  prejudices  of  the  populace;  no  argument,  no 
^'  sober  second  thought;^'  nothing  done  that  was  calculated 
to  maintain  peace  and  good  order.  This  treaty  of  1827 
was  regarded  as  a  passport  to  aggression ;  a  tacit  acknow- 
ledgment of  the  willingness  of  the  United  States  to  submit 


OREGON.  29 

to  her  superior  claims.  An  impetus  was  thus  given  to  her 
movements ;  ships  were  manned  and  fitted  up,  and  there 
was  a  spirit  abroad  which  plainly  foretold  their  determi- 
nation to  be  gradual,  but  certain,  in  the  occupation  of  the 
whole  territory.  The  people  of  America,  notwithstanding 
this  general  excitement,  remained  perfectly  inactive,  and 
rather  consented,  by  their  silence,  to  the  proposed  assump- 
tion, making  no  effort  to  put  an  end  to  this  maniac  spirit, 
sending  out  no  forces  to  defend  her  own  soil,  causing  no 
excitement  to  bring  abou^  a  determined  will,  but  only 
threatening,  not  intending,  to  execute,  unless  from  dire 
necessity. 

What  has  been  done  to  maintain  our  title,  to  uphold 
our  rights,  which  those  who  have  gone  before  us  pro- 
nounced to  be  clear }  Where  is  that  chivalrous  spirit,  so 
nobly  displayed  at  Bunker  Hill,  Georgetown,  and  Prince- 
ton? We  have  a  perfect  and  undeniable  right  to  maintain 
our  jurisdiction ;  all  must  admit  it  who  view  this  question 
impartially.  If  so,  why  this  apparent  indifference  .'*  Why 
this  putting  off,  from  one  yearns  end  to  another,  a  matter 
that  touches  so  vitally  the  national  good?  Delay  will  avail 
nothing ;  on  the  contrary,  it  will  soon  bring  with  it  dangers 
and  difficulties.  Have  not  foreign  nations,  wholly  disin- 
terested, concurred  with  us  in  opinion  that  our  title  is  as 
good  as  it  can  be,  being  sustained  by  the  law  of  nations  ? 
What  more  is  needed  ?  Do  we  want  additional  evidence 
to  confirm  it  ?  If  treaties  and  cessions,  solemnly  made  at 
times  of  peace  in  convention,  are  not  sacred,  we  should 
like  to  know  what  is  binding  between  nation  and  nation. 
If  they  are  not  annulled  by  agreement,  are  they  not 
obligatory?  The  people  of  the  United  States,  though 
having  permitted  years  to  pass  without  vindicating  their 
rights,  should  act  at  once,  resolutely,  firmly,  and  fearlessly. 

Emigration  should  take  place  instanter;  we  should  people 
4 


iP  OREGON. 

this  land,  precisely  as  the  farmer  peoples  his  plantation ; 
and  any  foreign  attack  should  meet  with  our  prompt  and 
united  resistance ;  our  fortifications  and  harbors  should  be 
built  forthwith,  and  an  appropriation  made  by  Congress, 
recommended  by  the  Executive,  to  defray  the  necessary 
expenses.  That  which  belongs  to  us,  which  all  admit  to 
be  our  own,  save  those  who  are  prejudiced,  England  has 
never  had  any  respect  for  whatever.  She  has  looked  upon 
our  laws  and  commercial  regulations  with  indifference  find 
contempt,  and  ridiculed  the  theory  of  our  system  of  Go- 
vernment. We  should  allow  no  nation  to  invade  our  rights ; 
and,  if  needs  be,  they  should  be  valiantly  defended  at  the 
cannon's  mouth.  We  never  interfere  with  the  rights  and 
property  of  other  countries ;  we  have  nothing  to  do  with 
them,  directly  or  indirectly;  they  are  separate  and  distinct 
powers,  with  their  own  authorities  and  legislative  functions, 
and  have  a  right  to  exercise  them  in  their  own  way.  This 
principle  has  been  carefully  observed  by  the  American  peo- 
ple, who  love  their  honor  as  they  do  the^ "  lives,  and  are 
ready  at  any  time  to  strike  a  blow  for  their  country. 

In  a  letter  from  Mr.  Hugh  Bums,  dated  Multnomah 
city,  Oregon  territory,  October  29, 1844,  we  find  the  fol- 
lowing very  interesting  statement:  "There  is  one  very  im- 
portant thing  that  emigrants  to  this  country  should  bear  in 
mind,  and  it  is  starting  early  in  the  spring.  They  should 
be  one  hundred  miles  at  least  above  the  settlements  by 
the  first  day  of  May.  By  so  doing  they  will  accomplish 
two  things  that  will  be  of  the  utmost  importance  to  them. 
By  starting  in  April  they  will  be  enabled  to  cross  all  the 
rivers,  east  of  the  mountains,  before  the  melting  snows 
swell  the  streams.  Secondly.  If  they  manage  well,  and 
donH  get  too  lazy,  they  can  get  here  by  the  first  of  Sep- 
tember. Thus  they  will  reach  here  in  fine  weather,  and 
can  build  their  houses  and  sow  their  wheat  before  the  bad 


OREGON.  31 

weather  sets  in.  If  they  do  not  start  before  the  usual  time, 
(May  20,)  they  are  sure  to  meet  the  summer  freshet,  and 
this  will  detain  them  some  three  or  four  weeks.  Besides, 
it  delays  them  so  much  that  they  cannot  get  here  until  late 
in  the  fall ;  and  in  crossing  the  Cascade  Mountain,  which 
is  far  the  worst  mountain  they  have  to  cross,  they  will 
meet  with  rain  or  snow,  and  the  mountain  torrent  from 
those  snow-capped  mounds  which  overhang  the  way.  The 
emigrants  should  not  come  by  water  from  the  Dalles,  for 
it  is  a  dangerous  stream.  If  any  of  your  friends  are  com- 
ing across,  tell  them  as  soon  as  they  can  get  ten  wagons 
and  thirty  men  together,  to  put  plenty  of  provisions  and 
ammunition  in  their  wagons,  and  start.  Ten  wagons  are 
enough.  All  this  bugbear  about  the  Indians  is  got  up  by 
the  mountain  men  who  are  in  the  States,  and  want  to  get 
back  to  Oregon  and  the  mountains,  and  get  paid  for  it. 
I  say  again,  that  ten  wagons  and  thirty  men  is  better  than 
five  times  the  number;  for  the  small  number  can  always 
move  along  with  more  rapidity,  equal  safety,  and  harmony ; 
and,  what  is  particularly  desirable,  always  obtain  plenty  of 
good  bread  and  meat.  Let  them  give  their  soap  tubs  to 
their  friends,  for  we  donH  want  any  of  their  sofl  soap  here. 
Some  of  the  last  year's  emigration  actually  brought  their 
old  wash  and  soap  tubs  all  the  way  from  Clinton  county. 

In  my  last  I  informed  you  that  I  had  laid  off  a  town,  and 
named  it  Multnomah  city.  On  the  opposite  side  of  the 
river,  east  of  this,  is  Oregon  city,  which  is  improving  ra- 
pidly. It  already  boasts  three  saw  mills  and  two  flour 
mills,  one  with  four  run  of  stone,  with  the  best  machinery 
I  ever  saw  in  a  mill ;  one  hundred  and  forty  houses;  a  tan 
yard,  brick  yard,  and  mechanics'  shops  of  all  necessary 
trades.  We  have  also  a  brig  of  two  hundred  tons  under 
way ;  and  house  building  is  only  retarded  by  the  want  of 
nails.     In  every  other  respect,  too,  our  country  improves 


32  OREGON. 

beyond  description.  I  never  saw  such  harvests ;  it  would 
gratify  you  to  see  the  loads  of  wheat  that  pour  into  this 
section,  to  be  manufactured  into  flour  for  exportation.  The 
emigrants  of  last  fall  did  not  secure  their  claims  until 
Christmas,  and  many  built  their  cabins,  made  fences,  broke 
up  the  new  ground,  and  raised  as  much  as  a  thousand 
bushels  of  wheat.  I  wish  I  could  send  you  a  sample 
of  this.  We  can  plough  all  the  winter.  The  work- 
ing cattle  get  nothing  but  grass  through  the  winter,  and 
keep  in  fine  order;  some  of  our  farmers  own  as  many 
as  five  hundred  cattle,  and  but  few  less  than  fifty.  The 
times  are  very  good  here;  produce  and  labor  both  high. 
Flour  ten  dollars  per  barrel  -,  beef  six  dollars  per  100  lbs.; 
pork  ten  do.;  wheat  one  dollar  per  bushel;  potatoes  fifty 
cents  do.;  peas  one  do.;  coffee  25  cents  per  pound ;  molas- 
ses 63  cents  per  gallon ;  salt  one  dollar  per  bushel ;  iron 
12^  cents  per  pound ;  cast  steel  38  cents  do.;  board  four 
dollars  per  week ;  common  laborers  two  dollars  per  day ; 
mechanics  four  dollars  per  day.  By  this  Hst  you  can  judge 
yourself  Besides.  I  should  say  that  we  are  a  debt-paying 
people,  and  ought  to  be  a  happy  people.  But  one  thing  ia 
wanting,  and  this  our  Government  should  long  since  have 
extended  to  us — I  mean  its  protection." 

It  appears  that  the  writer  of  this  letter  is  deeply  sur^ 
prised  at  the  want  of  interest  which  is  manifested  by  the 
people  of  the  United  States  respecting  the  American  set^ 
tiers  in  Oregon.  It  is  a  direct  and  urgent  appeal  to  Congress, 
and  one  that  should  be  heeded  without  the  least  hesitation ; 
a  vast  majority  of  the  American  people  are  in  favor  of  it, 
and  they  are  in  favor  of  it  because  of  the  progress  that  is 
being  made  every  day  in  population,  in  the  arts  and  sci. 
ences,  and  in  all  that  appertains  to  national  wealth  and 
greatness.  There  cannot  be  an  extension  of  our  people 
and  laws,  unless  protection  is  afforded ;  it  would  be  truly 


0  R  £  O  0  >  . 


33 


surprising  if  there  was.  Mankind  will  never  surrender  the 
inestimable  privileges  of  social  life,  and  the  advantages  of 
civilization  and  refinement,  without  a  guaranty  of  as  good  or 
a  better  state.  Here  his  person  and  property  are  protected 
by  the  laws  of  the  land ;  and  in  changing  his  condition, 
and  removing  to  a  distjant  and  hardly  civilized  country,  he 
knows  not  what  his  condition  maybe,  ^^  whether  safe  or 
unsafe,  happy  or  unhappy."  ..   . 


a  ■■i 


I'        , 

.  I 

it.:-- 
t 

«  ■ 

ill 


5i i  <•  '111  '» ; • 


^>."»?- 


■  :•( 


CHAP.  III. 

What  is  the  progress  of  British  pretensions  to  Oregon  ? 

We  propose  out  of  her  own  mouth  to  condemn  her. 
This  country,  on  the  6th  of  October,  1818,  virtually  sur- 
rendered her  claims,  fully  recognising  the  American  title, 
and  giving  up  her  entire  and  absolute  allegiance;  but 
strange  to  say,  in  the  same  month,  before  said  surrender 
was  hardly  known  in  the  United  States,  it  is  a  positive 
truth  that  it  had  not  reached  the  extreme  southwest,  when 
England  commenced  a  most  dishonorable  and  unjustifiable 
policy  of  keeping  the  question  of  settlement  in  abeyance^ 
that  she  might  first  assume.,  and  then  assert  her  title. 
Though  this  course  was  deprecated,  not  only  in  the  United 
States  but  likewise  in  England — we  mean  by  the  yeomanry, 
as  well  as  by  men  of  good  talents  and  high  standing — 
those  who  were  groaning  under  the  iron  sceptre  of  monarch- 
ical bondage  expressed  their  opinion  in  open  opposition 
to  a  course  at  once  unjustifiable  and  dishonorable,  and  at 
variance  with  the  common  usages  of  all  nations.  The  ex- 
citement for  a  long  time  was  tremendous — the  whole  coun- 
try seemed  to  be  in  a  ferment ;  Scotland  and  Ireland,  and 
all  the  distant  provinces  of  Great  Britain,  did  not  hesitate 
to  avow  openly  their  uncompromising  opposition.  The 
storm  at  last  subsided,  and  the  question,  from  that  day  to 
this,  has  remained  unsettled;  which  may  be  attributed  to 
want  of  firmness  and  decision  on  the  part  of  our  men  in 
authority.  They  should  have  insisted,  resolutely,  on  a 
final  and  honorable  adjustment,  uninfluenced  by  any  other 
consideration.  The  question  ought  not  to  have  remained 
unsettled  a  day  longer  than  necessity  required ;  prompt 
and  energetic   action  should  have  been  taken,  bringing 


O  R  £  6  O  iX  .  35 

together  all  conflicting  elements,  compromising  all  difficul- 
ties, or  causing  an  open  rupture.  The  representatives  of 
the  American  people  have  been  eye-witnesses  to  the  pohcy 
of  England ;  they  have  had  before  them,  for  years,  her 
entire  history,  with  its  long  catalogue  of  abuses,  from 
which  they  might  glean  valuable  and  instructive  lessons ; 
but  they  have  been  waiting,  we  suppose,  for  an  opportu- 
nity— for  a  proper  time — to  assert  and  maintain  our  rights. 
Can  any  future  time  be  more  suitable  for  the  settlement 
of  the  question  than  the  approaching  session  of  Con- 
gress ?  Will  the  present  state  of  affairs  admit  of  pro- 
crastination ?  Does  not  the  experience  of  the  past — ^"the 
most  faithful  and  trusty  of  all  monitors^' — tell  us  that 
delay  may  be  attended  with  the  most  unfortunate  and  se- 
rious results  ?  In  proportion  as  the  delay  is  great,  so  are 
difficulties  increased  and  obstacles  made  stronger.  The 
British  emigration  will  increase,  and  their  trading  houses 
multiply,  until  the  whole  territory  will  be  covered  with 
their  posts  and  settlements.  Great  Britain  will  ask  again, 
why  she  has  been  permitted  so  long  to  enjoy  the  advan- 
,  tages  and  benefits  of  this  country  without  American  inter- 
ference ?  Why  she  has  not  been  before  driven  to  her  own 
coasts,  if  the  title  under  which  she  founds  her  claim  were 
false  and  illegal  ?  Why  she  has  not  been  denied,  years 
ago,  the  navigation  of  the  Columbia  river,  'if  it  belonged 
exclusively  to  the  United  States,  and  was  open  to  no  other 
country  ?  These  questions  must  arise,  and  they  can  be 
answered  neither  plausibly  nor  honorably. 

The  question  of  boundary  should  have  been  settled  long 
ago,  but  better  ^^  late  than  never,^^  and  the  rights  and  lim- 
its of  each  party  clearly  defined  and  firmly  established,  so 
that  there  will  be  no  possible  chance  of  collision  hereafter. 
This  can  be  done  in  a  very  short  time  by  a  committee  of 
Congress,  and  the  people  of  thip  country  will  then  know 


36  OREGON. 

how  to  act,  and  what  to  expect.  It  was  hoped,  in  the  year 
1844,  that  the  difficulty,  being  submitted  to  Messrs.  Cal- 
houn and  Packenham,  would  be  settled  forever ;  that  their 
diplomatic  knowledge  and  profound  skill  would  enable  them 
to  put  at  rest  so  vexed  and  troublesome  a  question.  Deep 
anxiety  was  felt  every  where,  but  unfortunately  there  was  no 
understanding,  and  nothing  done  that  was  definite;  obstacles 
were  in  the  way  that  could  not  be  removed ;  justice  to  both 
Governments,  it  appears,  could  not  be  done,  and  there  was 
an  indefinite  postponement.  Since  that  period  there  has  been 
a  change  in  the  afiairs  of  the  Government;  a  new  administra- 
tion has  taken  charge  of  afiairs,  and  we  find,  in  its  very  out- 
set, the  President,  to  the  delight  of  all  parties,  declaring  post- 
tively,  from  the  portico  of  the  Capitol,  surrounded  by  thou- 
sands of  his  fellow-citizens,  that  our  title  to  this  territory  is 
^^  clear  and  indisputable.'''^  Here  we  find  p  fixed  settled 
conviction,  expressed  in  the  very  outset  of  ins  administra- 
tion, that  we  are  claiming  what  belongs  to  us,  on  the  au- 
thority of  the  law  of  nations.  It  has  been  contended  by 
England,  that  the  Columbia  river  is  the  only  inlet,  and  of 
consequence  outlet,  to  their  establishments  on  the  difierent 
tributaries ;  and,  as  such,  they  would  not  consent,  under 
any  circumstances,  or  on  any  terms,  to  a  surrender  of  it. 
But  subsequent  developments  have  exploded  this  excuse, 
and  put  an  end  to  any  future  difficulty.  The  Colum- 
bia river,  several  years  ago,  was,  in  truth,  the  only  na- 
vigable channel  of  communication  between  the  ocean  and 
most  of  the  trading  houses  of  the  Hudson  Bay  Company 
west  of  the  Rocky  Mountains.  Since  then  there  have  been 
several  rivers  discovered  of  considerable  size,  viz :  Frazer^s 
river,  called  by  Harmon  the  ^^  Nocholttatura,^'  in  latitude 
53° ;  Stickene^s  river,  in  56°  50  ;  together  with  a  num- 
ber of  other  small  streams,  to  which  as  yet  no  names 
have  been  assigned.     It  is  very  certain  that  Great  Britain 


OREGON.  37 

will  never  consent  to  relinquish  her  right  to  the  free  use  of 
the  straits  of  Juan  de  Fuca ;  if  she  continues  to  hold  the 
region  north  of  49°,  it  is  almost  impossible  for  her  to  do 
without  them;  they  are  essential  in  her  trading  oper- 
ations, inasmuch  as  they  afford  convenient  and  safe  access 
to  a  large  and  valuable  portion  of  the  territory.  These 
straits  are  of  considerable  size,  being  at  the  entrance  three 
leagues  wide,  from  which  the  width  greatly  increases.  It 
is  surrounded  by  a  number  of  fertile  and  beautiful  islands, 
many  of  them  the  finest  and  most  accessible  harbors  in  the 
world,  and  the  fishing  for  miles  around  is  said  to  be  excel- 
lent. A  distinguished  writer  thus  speaks  of  ^^ Admiralty  In- 
let: it  branches  off  to  the  south,  and  runs  towards  the  main 
stream  of  the  Columbia,  to  the  latitude  of  47° ;  and  all 
these  islands,  harbors,  and  inlets,  will  be  within  our  limits 
should  we  claim  the  region  up  to  49°.  This  strait,  with 
all  its  branches,  being  easy  of  access,  safe,  and  navigable 
at  all  seasons,  and  in  any  weather,  while  the  mouth  of  the 
Columbia  is  at  all  times  dangerous  to  enter,  and  for  a  con- 
siderable part  of  the  year  almost  inaccessible.  I  cannot 
but  think  that  the  strait  will  ultimately  be  the  great  chan- 
nel through  which  will  pass  most  of  the  products  of  the 
whole  region  drained  by  the  Columbia  and  its  branches.''^ 
This  division  of  the  subject  has  greatly  excited  the  public 
attention,  merely  because  it  has  been  generally  thought 
that  Great  Britain  would  never  agree  to  surrender  it;  upon 
this  point,  however,  she  has  been  exceedingly  tenacious, 
and  in  all  the  negotiations  that  have  been  made  the  fact 
has  been  observed  and  remarked.  This  is  not  surpris- 
ing, for  the  acquisition  of  this  region  would  be  extremely 
valuable  to  her,  particularly  in  her  commercial  operations, 
and  also  as  a  resort  for  her  ships  of  war  and  commerce.  It 
is  true,  the  general  aspect  of  the  whole  country — its  adap- 
tation to  agriculture — has  been  greatly  exaggerated,  being 


38  OREGON. 

represented  by  some  writers  as  a  paradise,  where  riches 
could  be  accumulated  almost  by  magic ;  while  others  have 
spoken  of  it  as  a  country  unfit  for  any  purpose  whatever. 
It  has  been  conjectured,  by  several  reasoning  men,  that  it 
is  so  entirely  covered  with  immense  beds  of  rock  and  flint, 
which  extend  over  whole  acres  down  to  the  very  coasts  of 
the  river,  that  it  would  be  impossible  to  attempt,  with  suc- 
cess, any  thing  like  husbandry. 

According  to  my  observations  and  researches,  both  of 
these  accounts  have  been  greatly  exaggerated.  Those 
who  have  painted  its  beauty,  looked  at  it  doubtless  in  con- 
trast with  the  dreary  regions  they  had  passed  through  in 
reaching  it;  for  the  whole  country,  sometimes  for  hundreds 
of  miles,  presents  a  dreary  and  uninviting  aspect,  while 
others  may  not  have  made  sufficient  allowance  for  the 
gloomy  appearance  which  a  large  portion  of  an  uncultivated 
country,  in  a  very  high  latitude,  usually  presents.  A  me- 
moir, prepared  by  Mr.  Wyth  a  few  years  since  at  the  request 
of  Congress,  contains  the  clearest,  most  important,  and  faith- 
ful representation  of  the  territory,  its  soil,  climate,  &c., 
which  we  have  met  with.    The  following  is  an  extract: 

"  South  of  the  parallel  of  49°,  near  the  borders  of  Ad- 
miralty Inlet  and  Puget's  Sound,  and  in  the  valley  of  the 
Wallamette  or  Multnomah  river,  which  empties  into  the 
Columbia,  and  upon  the  banks  of  which  the  principal  set- 
tlements of  emigrants  from  the  United  States  have  been 
made,  and  in  some  other  places,  the  appearance  of  the 
country  is  attractive,  the  soil  good,  and  well  adapted  to 
agricultural  purposes ;  and  so  likewise  is  the  eastern  side 
of  Queen  Charlotte^s  islands,  and  some  other  places  north 
of  49°.  But  I  have  neither  seen  nor  heard  of  lands  in  any 
part  of  this  territory,  that  are  superior  to  the  millions  upon 
milHons  of  uncultivated  acres  within  the  limits  of  the  United 
States,  on  this  side  of  the  Rocky  Mountains ;  and  I  doubt 


OREGON.  39 

it'  those  who  arc  dissatisfied  with  the  state  of  things  east- 
ward of  those  mountains,  will  find  ^heir  condition  much 
improved  by  emigration  to  Oregon.  They  will  find,  as 
emigrants  to  a  new  and  unsettled  country  have  too  often 
found,  that — 

*♦  'Tis  distance  lends  enchantment  to  the  view." 

One  thing  is  very  certain,  that  our  right  and  title  to  this 
territory  is  beyond  cavil  or  dispute,  and  it  matters  not 
whether  it  is  the  most  fertile  portion  of  the  world,  or  the 
most  barren  and  unproductive,  it  is  ours,  and  we  have  a 
right  to  it ;  surrender  it  or  not,  as  our  Executive  and  Con- 
gress see  fit,  we  consider  the  title  as  clear  as  that  which 
gave  to  the  United  States  Florida  or  Louisiana,  and  no 
country  has  a  right  to  claim  it,  any  more  than  they  have  a 
right  to  claim  either  of  these  States. 

By  the  3d  article  of  the  treaty  of  London,  we  repeat,  it 
was  agreed  that  the  country  on  the  northwest  coast  of 
America,  claimed  by  either  party,  should  be  open  for  ten 
years « without  prejudice  to  the  claims  of  either.  About 
this  time  Great  Britain  seemed  to  be  coming  to  her  senses 
— ^to  value  properly  the  claims  of  the  United  States,  and 
to  view  the  question  in  a  tolerably  fair  light — a  majority 
of  those  who  had  been  most  excited  ceased,  in  a  great 
measure,  their  denunciations,  and  affairs  began  to  wear  a 
quiet  aspect;  but  in  the  memorable  treaty  of  1827,  Mr. 
Adams  and  Mr.  Clay,  the  former  acting  as  President  and 
the  latter  as  Secretary  of  State,  consented,  most  unfortu- 
nately, to  give  to  Great  Britain  all  north  of  49°.  This  un- 
popular move  was  hailed  with  joy  and  gladness  in  the  Bri- 
tish Parliament  and  in  England,  and  one  burst  of  congrat- 
ulation rang  throughout  her  borders;  politicians  of  all 
classes  and  grades,  as  well  as  religious  sects — protestants, 
catholics,  and  calvinists — joined  in  the  jubilee.  It  is  not 
surprising  that  this  intelligence  was  highly  gratifying,  for 


40  OREGON. 

the  opportunity  was  at  once  afforded  her  to  claim,  by  de- 
grees, the  exclusive  territory.  Since  this  time  forward 
England  began  to  set  up  her  pretensions  in  a  stronger  and 
more  forcible  light  than  ever,  and  they  have  been  progress- 
ing rapidly  ever  since.  But  the  claim  was  not  bona  fide ; 
hardly  twelve  months  had  elapsed  since  the  British  nego- 
tiation of  1826  declared  in  the  face  of  the  world,  ^'  that 
Great  Britain  claimed  no  exclusive  authority  over  any 
portion  of  that  territory?'''  Here  the  question  was  put  at 
rest;  this  people  had  declared  solemnly,  in  view  of  their 
naked  pretensions  and  their  obviously  false  claims,  that 
they  were  willing  to  let  the  subject  rest — to  decline  any 
further  disputation  or  debate.  But  in  one  short  year  the 
fires  were  rekindled.  Unlucky  era  for  America !  "Great 
Britain  claimed  no  exclusive  authority,"  while  the  treaty 
of  1827  gave  her  the  right  of  joint-occupancy.  From  this 
negotiation,  it  has  been  aptly  said,  has  been  hatched  the 
chicken  "that  now  flaps  its  wings,  and  crows  over  the  em- 
pire corporation  which  England  is  cherishing  to  emulate 
in  Oregon."  Mr.  Adams  and  Mr.  Clay,  acting  as  the  agents 
of  the  United  States,  were  placed  in  truly  a  responsible 
situation ;  all  eyes  were  turned  to  them  in  eager  expecta- 
tion, while  performing  so  high  and  important  a  public  trust; 
and  the  most  intense  solicitude  pervaded  the  whole  Union, 
from  its  northern  to  its  southern  borders.  Hopes  were  en- 
tertained every  where  that  the  question  would  be  finally 
and  amicably  settled,  and  that  Great  Britain,  as  she  had  con- 
sented to  do,  would  exercise  no  longer  any  jurisdiction ; 
that  the  United  States  would  take  a  firm  and  undeviating 
position,  proving  to  the  world  that  knowing  her  rights  she 
means  to  maintain  them.  But  the  issue  was  had,  and  un- 
looked  for  it  came  upon  the  American  people  when  they 
were  unprepared  for  the  blow,  and  they  felt  it  severely. 
Great  Britain  became  a  joint-tenant!  a  co  laborer  in  the 


OREGON.  41 

vineyard ;  exercising  the  right  and  privilege  of  coasting  in 
ail  directions,  and  planting  her  forces  wherever  she  saw 
fit.  The  Columbia  river,  and  all  its  tributaries,  was  open  to 
her ;  and  she  had  a  right  to  locate  her  men  where  she  pleas- 
ed, and  no  one  could  interfere  with  them.  Six  and  twenty 
years  have  been  permitted  to  pass  unimproved ;  the  ques- 
tion stands  now  as  then,  with  this  exception,  that  the  claims 
of  England  are  doubly  stronger  to-day  than  when  this  ne- 
gotiation was  entered  into.  She  has  increased  in  popula- 
tion, sent  over  additional  vessels  to  guard  her  possessions, 
as  she  calls  them,  built  fortifications,  and  increased  her 
naval  stores,  until  she  regards  the  whole  territory  as  vir- 
tually surrendered  by  the  United  States.  For  some  time 
past  strong  fears  have  been  entertained  by  the  agents  and 
superintendents  of  the  Hudson  Bay  Company,  that  they 
would  be  disturbed  in  their  operations ;  and  in  that  view 
they  have  stationed  vessels  on  the  coast,  and  also  a  steamer 
of  large  size,  to  conduct  the  intercourse.  Notwithstanding 
these  facts,  which  are  no  less  true  than  startling.  Congress 
a  few  years  ago,  when  urged  to  do  so  by  a  number  of  Re- 
presentatives, refused  to  take  any  action  whatever.  A  dis- 
tinguished member  of  the  Senate  (Hon.  Rufus  Choate,  of 
Massachusetts)  asks  the  question,  "  If  we  have  waited  so 
quietly  for  twenty-six  years  for  the  adjustment  of  this  ques- 
tion, he  does  not  see  why  we  should  not  wait  longer."  To 
prove  at  once  the  danger  and  fallacy  of  this  argument  we 
will  suppose  a  case.  Suppose  the  gentleman^s  own  house 
was  in  flames,  and  a  few  buckets  of  water  and  a  little  ex- 
ertion would  save  it,  would  he  think  of  delaying  until  the 
devouring  element  had  well  nigh  destroyed  his  house,  and 
defied  all  human  power  to  save  it?  This  is  a  case  in  point. 
Great  Britain  is  every  year  more  zealous  in  establishing 
her  rights,  and  making  known  to  the  world  her  intention 
to  take  possession  as  soon  as  she  can ;  of  course,  the  longer 


4*2  OREGON. 

we  delay  the  extension  of  our  jurisdiction,  in  proportion 
will  difficulties  increase.  Congress  should  take  prompt  and 
immediate  action,  demanding  and  enforcing  the  rights  that 
belong  to  us,  and  upholding  that  American  spirit  which 
was  so  fully  exemplified  in  the  fathers  of  the  revolution. 
Tiic  question  may  be  very  properly  asked,  what  remedy 
can  be  applied  to  arrest  British  encroachments  ?  What 
plan  adopted  that  will  meet  with  the  universal  consent  and 
approbation  of  the  American  people  ?  Are  we  to  permit 
their  flag  to  be  planted,  and  their  institutions  estabUshed, 
on  our  own  soil,  without  an  attempt  to  redress  such  wrongs? 
Is  no  step  to  be  taken  to  arrest  them  in  their  march  of  as- 
sumption and  illegality  ?  Let  Congress  answer  these  ques- 
tions. One  thing  is  very  certain,  that  she  will  never  recede 
until  necessity  compels  her.  That  we  know  from  expe- 
rience. They  are  ambitious  to  claim  the  world  as  their 
own ;  that  we  also  admit.  Yet  it  is  proposed,  notwithstand- 
ing tlie  unnecessary  delay,  to  permit  the  question  to  remain 
in  its  present  state,  without  any  definite  decision.  We 
greatly  mistake  the  character  of  the  American  people,  who 
have  been  always  just  and  honorable  in  their  intercourse 
with  foreign  nations,  if  they  yield  to  any  surrender,  save 
that  which  is  in  accordance  with  established  usages,  and 
which  all  pronounce  to  be  just  and  right.  '      ' 

Developments  have  been  made,  which  demand  of  the 
United  States  immediate  and  decisive  action.  If  no  cog- 
nizance is  taken  of  the  threats  coming  from  across  the 
waters,  aggressions  will  be  continually  attempted,  and  the 
British  title  will  be  established  at  last  by  common  consent* 
It  was  remarked,  by  those  in  Congress  who  were  opposed 
to  the  bill,  that  "  the  contingency  was  not  urgent.'''^  If  not 
urgent  then,  do  we  not  now  see  the  necessity  of  enforcing 
our  rights?  At  that  time  there  was  comparatively  no  ex- 
citement prevailing  in  England,  and  the  subject  had  not  been 


OREGON.  43 

fully  investigated  by  the  House  of  Commons.  There  was 
nothing  said  in  the  United  States  respecting  the  vaUdity  of 
the  British  title,  and  our  affairs  wore  an  entirely  different 
aspect.  Difficulties  are  occurring  every  day,  calculated 
to  weaken  our  rights  and  strengthen  those  of  England ; 
and  we  beUeve  the  day  will  soon  arrive,  unless  a  decided 
change  for  the  better  takes  place,  when  the  British  title 
will  be  considered  better  and  stronger  than  that  of  our 
own,  unless  we  declare  our  rights  upon  a  final  adjustment. 
This  is  purely  a  question  of  right — of  national  safety — of 
honor :  Whether,  having  it  in  our  power,  we  shall  permit 
Great  Britain  to  take  unauthorized  control  of  that  which 
is  ours;  or  whether,  having  rights,  we  mean  at  all  hazards, 
and  under  all  circumstances,  to  maintain  and  defend  them. 
This  is  a  question  of  illimitable  importance  to  the  United 
States,  and  resolves  itself  into  this :  ^^  Whether  the  name 
of  an  American  citizen  is  not  a  guarantee  of  American 
rights.^'  Our  agriculturists,  hunters,  and  tradesmen,  who 
have  gone  thither — the  brave  and  indomitable  champions 
of  their  country's  cause — look  to  us,  a  powerful  and  grow- 
ing people,  for  protection,  and  it  is  our  duty  willingly  to 
extend  it.  The  broad  aegis  of  our  laws  should  be  spread 
over  them  as  over  us ;  they  are  a  part  of  us — our  fathers 
and  brothers,  connected  in  fortune,  in  interest,  in  blood, 
and  in  destiny ;  and  when  a  blow  is  struck  there^  the  vibra- 
tion should  be  felt  and  resisted  here.  We  want  nothing 
that  is  not  strictly  our  own,  nor  do  we  wish  to  claim  an  acre 
which  belongs  rightly  to  Great  Britain:,  hy  no  means.  What 
is  hers  we  respect,  having  no  right  to  it ;  but  that  which  be- 
longs to  us  we  mean  to  protect  and  defend.  This  question, 
by  some,  has  been  viewed  through  a  false  medium,  unjustly 
and  improperly.  Great  Britain  claims  a  right  to  a  large 
portion  of  this  territory,  as  though  it  had  been  ceded  to 
her;  we  claim  to  49°,  and  that  is  all  which  we  have  any 


44  0  B  E  Q  0  N . 

right  to.  If  the  question  is  to  remain  in  abeyance,  it  may 
be  necessary  for  Congress  to  pass  laws  for  the  govern- 
ment of  American  citizens  residing  within  the  territory ; 
but  how  such  laws,  even  were  they  passed  and  approved, 
are  to  be  executed,  under  existing  circumstances,  cannot 
be  readily  perceived ;  by  some  objection  would  be  made, 
and  by  others  they  would  be  violently  opposed ;  so  that  it 
would  be  utterly  impossible  to  enact  such  statutes  as  would 
be  universally  approved,  though  the  existing  state  of  affairs 
make  it  imperatively  necessary  that  our  citizens  should  be 
protected  in  their  lives  and  property,  and  in  the  enjoyment 
of  all  that  pertains  to  citizenship.  No  stronger  proof  need 
be  adduced  of  the  ignorance,  or  something  worse,  that  has 
prevailed  on  this  subject  in  our  national  councils,  than  the 
fact  that,  since  1818,  repeated  attempts  have  been  made  in 
Congress,  both  reported  and  debated,  for  the  purpose  of 
establishing  a  territorial  government,  and  extending  the 
laws  and  jurisdiction  of  the  United  States  over  that  part 
of  the  territory  which  we  claim,  or  rather  over  the  whole 
of  it.  Such  a  measure  would  have  been  a  palpable  and 
gross  violation  of  existing  treaty  stipulations,  and  fraught 
with  all  the  consequences  of  a  hostile  act  against  a  friendly 
and  powerful  nation.  What  would  be  the  consequence  of 
extending  our  jurisdiction  over  the  whole  of  this  terri- 
tory, under  the  existing  treaty  of  1827  ?  Were  this  treaty 
annulled,  or  had  it  expired,  the  case  would  be  differ 
ent ;  then  we  might  act  in  accordance  with  the  wishes  of 
the  people,  expressed  through  their  representatives,  but 
now  we  are  under  a  solemn  obligation  of  honor,  which  is 
as  binding  as  any  obligation  ever  entered  into.  We  are, 
therefore,  compelled,  until  this  treaty  is  done  away  with, 
to  hold  our  peace — to  keep  within  the  bounds  of  justice 
and  law ;  and  a  departure  from  them  in  the  least  will  ren- 
der us  worthy  of  the  contempt  of  all  the  powers  of  the 


OREOON.  45 

earth.  Notwithstanding  these  facts,  which  facts  appeal 
loudly  and  powerfully  to  the  people,  Doctor  Duncan, 
during  the  last  session  of  Congress,  introduced  a  bill 
for  taking  '''•entire  possession  of  the  whole  Oregon  ter- 
ritory.'''' The  bill  was  finally  submitted  to  the  Committee 
on  Territories ;  which,  after  being  revised  and  amended, 
was  reported  to  the  House  and  ordered  to  be  printed. 
The  bill  provides  "  for  taking  possession  of  the  whole  re- 
gion west  of  the  Rocky  Mountains,  from  latitude  42°  to 
54°  40,  and  extending  over  it  our  laws  and  jurisdiction." 
This  was  a  remarkable  move,  and  only  proves  the  neces- 
sity of  an  investigation  of  the  question.  Is  there  any  man 
living,  in  his  sober  senses,  who  is  acquainted  with  the  dif- 
ferent treaties,  and  unprejudiced  in  his  opinions,  who  can 
for  a  moment  think  that  England  is  so  dead  to  her  own 
interests,  as  tamely  to  submit  to  a  course  at  variance  with 
established  customs,  and  in  non-conformity  with  th** 
ciples  of  international  law.''  She  has  maintaine^:  ana 
claimed  her  rights  before  the  civilized  world,  in  undisturbed 
authority,  for  nearly  half  a  century.  Has  she  ever  acknow- 
ledged the  invalidity  of  her  title  to  any  nation,  directly  or 
indirectly  ?  On  the  contrary,  has  she  not  proven,  by  send- 
ing thousands  of  her  settlers  over,  that  she  regards  it 
beyond  the  interference  of  any  nation  ?  There  they  have 
remained  British  subjects,  enjoying  and  exercising  all  the 
rights  and  immunities  of  such  for  more  than  fifty  years ; 
and  is  it  supposed,  for  a  moment,  that  she  would  quietly 
stand  by  and  see  her  own  people,  living  under  her  own 
flag,  driven  from  their  homes,  and  finally  expelled  ?  Such 
an  attempt  would  be  resisted  at  the  cannon^s  mouth ;  a 
rupture,  long  and  bloody,  would  be  caused,  as  surely  as  i^ 
we  were  to  take  possession  of  the  island  of  Jamaica  or  the 
city  of  Montreal.    For  some  time  past  nothing  has  been 

heard  but  an  ex  parte  statement  of  the  case ;  the  claims  of 

5 


46  OREGON. 

Cireat  Britain  and  Russia  have  been  but  partially  investi- 
gated, and  the  subject  has  been  discussed  by  Mr.  Green- 
how,  and  others,  on  the  American  side.  We  have  been 
told  by  individuals,  who  have  thoroughly  analysed  the  titles 
of  the  different  countries  claiming  a  portion  of  this  terri- 
tory, that  all  the  right  is  in  one;  and  that,  though  the  ques- 
tion is  disputed,  and  has  been  under  debate  here  and  in 
England  for  many  years,  that  it  is  "indisputable,"  and 
should  be  settled  by  an  immediate  possession  on  the  part 
of  the  United  States,  without  any  reference  to  the  claims 
of  other  countries.  Arguments  have  been  adduced,  and 
published  to  the  world,  by  others  who  have  investigated 
the  whole  question,  who  say  that  their  views  are  fair,  im- 
partial, and  disinterested ;  that  they  have  looked  upon  the 
controversy  as  a  debatable  ground ;  and,  as  such,  have  dis- 
cussed it.  This  is  the  only  way  to  come  to  a  correct  con- 
clusion. Historical  facts  should  be  set  forth,  without  re- 
ference to  sectional  jealousies,  and  unbiassed  by  any  other 
considerations  than  those  which  are  based  on  self-evident 
and  unquestionable  truths.  This  is  the  only  way  to  force 
conviction  on  the  mind — to  prove  to  the  people  that  you 
are  uninfluenced  by  favoritism,  and  untrammelled  by  nar- 
row and  selfish  ends.  It  is  very  easy  to  assert  a  thing,  but 
sometimes  very  hard  to  prove  it.  In  the  courts  of  our 
country  the  sagacity  of  our  counsellors  is  sometimes  irre- 
sistible, until  some  development  is  made  on  the  other  side 
which  counteracts  and  upsets  their  artful  and  ingenious 
argument. 

The  inflammatory  appeals  that  have  been  made  on  this 
question,  to  the  rights  of  the  people,  would  induce  some 
to  beheve  that  arbitration  is  useless,  and  that  to  negotiate 
is  idle  in  the  extreme ;  that  we  do  nothing  that  is  wrong,  and 
that  it  is  taken  for  granted  that  no  national  step  wil!  be  as- 
sumed which  is  not  recognised  by  the  law  of  nations.  The 


0  R  B  Q  0  N  .  47 

public  are  naturally  very  anxious  to  gain  their  information 
historically,  and  from  authentic  sources,  and  to  form  their 
conclusions  and  opinions,  not  on  the  heated  and  prejudiced 
declarations  of  those  who  are  influenced  by  their  predilec- 
tions, but  on  correct  premises,  taken  from  matters  of  fact. 
In  this  way  a  knowledge  of  the  claims  of  the  contending 
parties  is  to  be  gained,  and  new  light  thrown  on  a  question 
of  great  national  importance.  No  correct  or  reliable  in- 
formation can  be  derived  from  the  stump  orators  and  let- 
ter-writers, who  profess  to  descant  so  eloquently  and  truth- 
fully on  the  subject;  their  knowledge  is  often  superficial,  and 
they  speak  from  hearsay.  While  we  maintain  our  right  to  the 
49th  parallel  of  latitude,  we  contend  also  for  the  rights  of 
Great  Britain ;  insisting  that  what  is  hers  legally  we  have  no 
right  to  and  can  exercise  no  authority  over,  without  a  direct 
violation  of  treaty  stipulations.  We  are  in  favor  of  negotia- 
tion, and  think  it  not  at  all  remarkable  that  England  should 
not  wish  to  negotiate  any  further.  She  is  perfectly  satisfied. 
The  terms  agreed  upon  do  not  conflict  in  the  least  with  her 
operations  or  interests.  She  has  all  that  can  be  desired,  as 
far  as  possession  is  concerned,  and  is  willing  to  let  mat- 
ters stand  as  they  are,  provided  she  is  not  worsted.  Her 
laws,  both  civil  and  criminal,  extend  over  the  whole  of 
Oregon,  and  she  is  exercising  exclusive  and  undisturbed 
ownership,  as  much  so  as  if  the  United  States  had  aban- 
doned all  right.  She  is  granting  loans,  and  appropriating 
them  as  she  pleases ;  she  controls  nearly  all  the  towns  and 
villages  of  any  size,  and  passes  laws  favorable  to  her  in- 
terests. What  more  does  she  want.^  She  can  gain  nothing 
by  negotiation,  and  has  every  thing  to  lose.  The  Ameri- 
can settlers,  few  and  scattered,  (only  about  two  thousand 
in  number,)  are  entirely  subservient.  Compelled  necessa- 
rily to  be  80,  as  the  serfs  of  Europe,  what  can  they  do  ? 
They  wish  to  be  free,  and  they  know  that  their  fathers  and 


48  OREGON. 

kinsmen  here  are  all  free ;  but  they  have  not  the  power  to 
gain  this  precious  boon.     The  Hudson  Bay  Company,  a 
party  of  heartless,  cormorant  spirits,  are  the  lords  of  the 
Territory.     Look  to  their  cruel  treatment  of  our  emigrants 
who  settled  near  the  Mill  Sites  of  the  Wallamette.    Every 
principle  of  charity  and  humanity  was  violated  every  day. 
They  were  told,  unless  they  moved  off,  every  one  of  them 
would  be  shot.     And  the  order  would  have  been  executed, 
had  not  the  command  been  obeyed.     They  have  passed  a 
law  even  for  the  preservation  of  game,  which  Paley,  in  his 
Moral  Philosophy,  tells  us  is  the  property  of  all.     This 
law  is   strictly  enforced  as   regards  the   American   set- 
tlers, from  which  the  British  population  is  almost  entire- 
ly exempt.     That  portion  of  the  Territory  which  they  are 
confident  will  fall  to  us  is  hunted  by  them  continually,  in 
order  to  remove  all  the  game  from  it  if  they  can.     But 
this  is  not  all.     The  poor  Indians  suffer,  too,  most  severely 
and  unjustly.     Depredations  are  being  made  constantly 
upon  what  httle  property  they  have ;  and  their  persons  are 
often  cruelly  treated.     This  company  claim  all  the  eligi- 
ble spots  for  farms,  mills,  or  towns  south  of  the  Oregon, 
and  they  have  forts  from  which  they  realize  something  like 
ji500,000  per  annum.     South  of  the  Columbia  they  have 
nineteen  Jorts ;  and   are  fast  removing  from  this  sec- 
tion of  the  country,  and  for  miles  around,  all  of  the  most 
valuable  timber,  so  that,  if  England  gets  all  north  of  the 
river,  we  will  be  compelled  to  buy  shipping  timber  from 
her.    They  monopolize  and  control  exclusively  the  prin- 
cipal markets,  fix  a  standard  of  value  upon  every  thing, 
pay  what  they  please  for  products,  and,  of  consequence, 
buy  every  thing  they  want  at  a  very  low  price.    We  hear 
that  the  company  lay  aside  a  certain  per  centage  of  their 
annual  profits  to  be  ^^used  for  the  express  and  avowed 
purpose  of  keeping  Americans  out  of  trade,  particularly 


OREGON.  49 

those  who  wished  to  deal  in  furs."  It  is  a  fact  hardly 
credible,  but  the  truth  of  which  can  be  established,  that 
they  once  sentenced  a  respectable  emigrant  to  wear  skins 
for  a  number  of  years  for  the  violation  of  one  of  theii  ar- 
bitrary, unholy,  and  oppressive  regulations  concerning  trade. 
The  company  are  industriously  engaged,  one  and  all  of 
them,  in  ascertaining  the  means  by  which  they  can  suc- 
cessfully stem  the  tide  of  American  emigration,  and  what 
rules  they  can  establish  for  the  protection  of  their  trade.  • 
How  much  further  are  the  British  subjects  and  Indians 
to  continue  their  depredations  upon  American  property, 
and  the  lives  of  the  emigrants,  without  an  indignant  res- 
ponse from  the  American  Congress  ?  Are  the  dwelling- 
houses  and  missionary  stations  of  our  people  to  remain 
unprotected  ?  Who  knows  what  outrages  are  daily  com- 
mitted there  upon  American  property,  under  the  sanction 
of  laws  ?  What  laws  ?  Laws  estabhshed  by  the  Con- 
gress of  the  United  States  }  They  have  never  been  grant- 
ed them.  There  is  no  government  there.  The  only  laws 
that  exist  are  such  as  are  passed  to  suit  certain  acts  and  oc- 
casions, which  may  be  repealed  at  any  day.  The  truth  is 
our  emigrants,  powerless  and  subservient,  are  at  the  mer- 
cy and  clemency  of  the  Hudson  Bay  Company.  They 
are  a  little  better  than  the  Africans  of  the  South  who  are 
menial  and  irresponsible.  In  vain  does  the  poor  settler, 
who  violates  ignorantly  one  of  these  arbitrary  laws,  ask  for 
a  judge  or  jury  ;  in  vain  does  he  ask  that  the  shadow  of 
the  An^erican  flag  may  rest  upon  him ;  in  vain  does  he  ask 
for  those  national  privileges  with  which  his  connexions  and 
friends  are  surrounded.  There  is  a  gulf  fixed  between 
him  and  the  luxurious  free  trader  of  Great  Britain — an  im- 
passable barrier,  which  cannot  be  overcome,  save  by  a  de- 
termination on  the  part  of  the  American  people  to  relieve 
and  emancipate  them.    A  few  laws,  it  is  true,  have  been 


50  OREGON. 

enacted  by  the  Hudson  Bay  Company,  which  empower 
them  to  give  judgment  against  any  American  citizen  in 
Oregon,  and  issue  an  execution,  under  cover  of  which  he 
may  be  confined  in  their  forts  or  sent  to  the  jails  or  Can- 
ada, at  their  pleasure.  So  when  they  do  not  wish  to  try 
an  American  citizen,  without  law,  (or  mob-law,)  on  the 
spot,  they  will  kidnap  him,  and  take  him  to  British  courts, 
to  be  tried  by  British  judges  and  British  laws.  This  is  a 
shameful  state  of  things,  and  appeals  loudly  to  the  people. 
They  should  have  a  Territorial  Government,  having  their 
their  own  laws  and  judges  ;  and  if  these  cannot  be  given 
them,  let  them  be  protected  by  the  American  flag. 
And  what  less  can  be  asked  by  these  fearless  and  in- 
trepid adventurers,  who,  duett  amove  patria^  have  with 
drawn  from  the  endearments  of  their  first  homes,  and  all 
the  gay  and  fashionable  delights  of  fashionable  life,  con- 
sidered their  lives  as  nothing  in  their  desire  to  advance  the 
cause  of  freedom,  and  plant  on  the  shores  of  the  Pacific 
the  Cross  of  Christ.'' 

The  old  Scotch  Jedbury  fashion  is  followed  there,  as 
has  been  said  by  Mr.  Wentworth,  of  Illinois — ^^'hang  first, 
and  try  aflerwards.^^  This  company  have  taken  posses- 
sion of  almost  every  desirable  situation  on  the  coast  of  the 
Pacific.  The  Cape  and  Tongue  Points  are  almost  im- 
pregnable places  of  defence  on  the  Columbia.  The  latter 
has  been  already  taken  by  this  company,  and  they  are 
going  on  to  exert  every  effort  and  devise  schemes  by 
which  they  can  claim  every  harbor  and  port  of  importance. 
How  is  it  possible  that  when  a  course  like  this  is  in  daily 
progress  that  we  can  expect  to  compete  with  the  whole 
world,  as  we  wish  to  do,  in  bread  stufis  ?  How  is  China 
to  be  supplied  with  tobacco  ?  That  great  country,  with 
itsmilUons  of  inhabitants  vail  consume  thousands  of  pounds 
of  this  staple.    What  is  to  become  of  our  expectation  res 


'  OREGON.  If 

pecting  our  trade  with  the  East  Indies ;  and,  indeed,  the 
Paciffc  country  ? 

We  shall  forbear  to  discuss  our  claim  to  that  part  of  the 
northwest  coast  lying  between  the  Bay  of  St.  Francisco, 
near  37°  30^  north,  from  the  fact  of  its  being  based  on  very 
uncertain  and  imperfect  discoveries.  We  purpose,  how- 
ever, in  order  that  as  much  information  may  be  obtained  as 
possible,  to  present  the  lucid  and  able  argument  contained 
in  the  National  Intelligencer  of  the  26th  of  July,  which  is 
as  folio ',vs : 

'^Beginning  soon  after  the  conquest  of  Mexico,  the  Spaniards,  from 
about  1540  to  1.543,  carried  explorations  up  the  coast  of  the  Pacific,  in 
the  interior,  as  high  perhaps  as  40*^  north,  and  by  sea,  about  the  same 
time,  as  far  as  40°,  and  perhaps  43°  north.*  Here  they  for  some  time 
stopped  their  efforts.  The  next  navigator  in  these  high  seas  was  Sir 
Francis  Drake,  who,  in  1579,  sailed  along  the  coast  from  Guatulo, 
fourteen  hundred  leagues  north,  to  a  point  beyond  latitude  43°  north , 
not  stated  in  one  of  the  narratives  of  his  voyage,  and  given  as  48°  in 
the  other .f  The  English,  as  is  natural,  prefer  the  account  most  favor- 
able to  tliemselves.  Mr.  Greenhow  gives  the  reasons  which,  in  his 
view,  invalidate  that  account.  Burney,  however,  one  of  the  high- 
est and  exactest  authorities  in  history,  sustains  the  second  narrative  ; 
and,  indeed,  in  one  point,  he  has  the  advantage.  By  all  the  rules  of 
proof,  the  definite  and  specific  statement  is  that  which  does  not  mention 
the  latitude  which  was  the  northern  limit  of  his,  Drake's,  course. 
Turning  back  thence,  he  ran  down  to  a  good  port  in  latitude  38°, 
probably  the  Great  Bay  of  St.  Francisco,  where  he  remained  five  weeks, 
and  upon  a  formal  tender  to  him  by  the  natives  of  the  sovereignty,  took 
regular  possession  of  the  region  in  the  name  of  his  mistress  Queen 
Elizabeth .  Here ,  again ,  for  a  considerable  interval ,  ceased  the  English 
discoveries,  as  the  Spanish  had  done. 

In  1688,  upon  the  narrative  of  one  Maldonadi,  arose  and  obtained 
«ome  belief  the  story  of  a  Strait  of  Amon,  from  the  Atlantic,  through 
which  he  and  another  nautic  romancer,  Admiral  Fonti,  pretended  U> 
have  passed.    These  are  now,  in  all  their  particulars,  mere  recognised  . 

*  Vkb  the  «ecounU  eited  by  Mr.  Greenhow,  pp.  63, 63, 64,  65.   f  Ibid,  73,  pp.  3,  3,  4. 


IP  OREGON. 

fictions.  (See  Greenhow,  p.  79  to  86.)  More,  but  we  think  very  lit- 
tle more,  reality  attaches  to  the  supposed  discoveiy,  in  1592,  by  Juan. 
De  Fuca,  of  the  long  strait  to  which  his  name  is  now  given — that 
between  Vancouver's  land  and  the  continent.  Mr.  Greenhow  and 
some  others  credit  it.  Cook,  who  examined,  rejected  it,  and  so  did 
Spanish  writere,  finding  no  traces  in  their  archives  of  any  such  expedi- 
tion as  that  of  De  Fuca.  So  that  it  seems  obvious  that  the  pilot's  whole 
tale  is  only  a  revival  of  the  story  of  the  Maldonadi  and  his  Strait  of 
Amon.  It  is  true  that  a  strait  opens  about  a  degree  north  of  the  mouth 
of  his  strait,  and  as  it  winds  about  in  all  directions,  it  is  easy  for  an  in- 
genious person  to  discern  tlierein  its  identity  with  the  meanderings  of  the 
Pilot's  strait.  Mr.  Greenhow  seems,  however,  to  have  overlooked  a 
fact  that  stamps  the  whole  story  as  a  fable.  The  Hispano  Greek  plainly 
says,  that  after  sailing  out  of  the  South  Sea,  he  means  the  Pacific, 
through  this  strait,  in  twenty  days,  he  came  into  the  North  Sea,  by 
which  he  as  plainly  means  the  Atlantic. 

"In  1506,  under  an  order  from  Philip  II,  the  Spanish  efforts  to  ex- 
plore this  coast  were  renewed  in  an  expedition  under  Vincaino,  but 
which  proceeded  no  further  nortli  than  the  Gulf  of  California.  The 
attempt,  under  a  French  royal  order,  was  renewed  in  1602,  under  the 
same  commander,  with  Aquila  as  his  lieutenant.  They  surveyed  with 
some  accuracy  the  coast  as  far  as  latitude  42°.  From  that  point  Vin- 
caino turned  ba'''-  but  Aquila's  smaller  vessel  passed  Cape  Mendoci- 
no, and  reache  ititude  43°  the  supposed  mouth  of  a  great  river, 
which  they  took  once  again  (though  there  is  none  there)  for  the  Straits 
of  Amon.  This  voyage  ended  in  1603,  and  with  it,  until  after  the  ex- 
pulsion of  the  Jesuits  from  California  in  1607,  ended  the  Spanish  pro- 
gress of  exploration  beyond  that  province,  which  the  missionaries  of  that 
order  had  begun  to  civilize  and  survey  in  1697.  It  will  thus  be  per- 
ceived that  down  to  the  voyage  of  Juan  Perezin,  1774,  and  of  Bruno 
Haceta,  in  1775,  the  Spanish  discoveries  can  scarcely  be  said  to  have 
any  sure  existence  beyond  the  latitude  of  43°  north.  From  that  point 
to  48°,  intervene  the  English  claims  of  Drake's  voyage  ;  and  mean- 
time the  Russian  expedition,  beginning  from  Behring's  Straits,  in  1728, 
and  making  their  way  southward.  In  1741 ,  they  had  got  down  to  lat- 
itude 49°  ;  and  Cook,  in  1778,  met  these  establishments  at  Onnalash- 
ka  ;  Vancouver  and  Portlock  and  Dixon  still  further  south.  As  to  their 
rights  adverse  to  the  Spanish,  their  Minister,  Mr.  Politica,  makes  the- 
foUowiog  citation  :  'Moreover,  when  Don  Jose  Martinez  was  sent,  in 


OREGON.  53 

1789,  hy  the  Court  of  Madrid,  to  form  an  establishment  on  Vancou- 
ver''s  island,  and  to  remove  foreigners  from  thence,  under  the  pretext 
tluU  all  that  coast  belonged  to  Spain,  he  gave  not  the  least  disturbance 
to  the  Russian  colonies  and  negotiators;  yet  the  Spanish  Government 
was  not  ignorant  of  their  existence ,  for  the  very  reason  that  Martinez 
had  visited  them  the  year  before.  The  report  which  Captain  Males- 
pina  made  of  the  results  of  his  voyage  proves  that  the  Spaniards  very 
well  knew  of  the  Russian  colonies  ;  and  in  this  very  report  it  is  seen, 
that  the  court  of  Madrid  acknowledged  that  its  possessions  upon  the 
coast  of  the  Pacific  Ocean  ought  not  to  extend  to  the  north  of  Cape 
Blanc,  taken  from  the  point  of  Trinity,  situated  under  42°  50^  north 
latitude.'  (American  State  Papers,  Foreign  Relations,  vol.  iv,p.  S61.) 
This,  it  will  be  perceived,  coincides  with  the  view  which  has  just  been 
taken  of  the  Spanish  rights  of  discovery  ;  and,  indeed  Mr.  Greenhow, 
in  effect,  admits  nearly  the  same  thing,  when,  in  his  fourth  chapter, 
returning  to  the  history  of  the  Spanish  progiess  of  settlement  and  dis- 
covery, he  says,  speaking  of  tlie  year  1769,  'at  that  time  httle  was 
known  with  any  certainty  of  any  part  of  the  west  coast  of  America  north 
of  the  43d  parallel  ;  to  which  latitude  it  had  been  explored  by  Sebastian 
Vizcaino  in  1 60S.'  (P.  108.)  Disentangling  thus  from  the  maze  of 
confused  statements  in  the  English  books  and  our  own,  the  essential, 
the  positive,  and  chronological,  we  arrive  at  a  few  plain  results  : 

''I.  That  the  Spanish  title  by  discovery  is  positive  up  to  about  the 
point  which  it  reached  in  1543,  viz,  the  latitude  of  43  degrees  north. 

*'II.  That  beyond  it  is  met  by  positive  English  discovery,  Drake's, 
of  an  extent  not  certain ,  giving  perhaps  as  high  as  48°. 

"III.  That  the  northern  limit  is  again  nearly  met  by  the  Russian 
discoveries,  which  came  in  1741  to  49°  ;  and 

"IV.  We  may  here  add, that  thus  far  there  is  not  a  trace,  not  a  pre- 
tence of  any  manner  in  which  a  French  right  can  have  arisen  that  af- 
terwaids  passed  to  us.  We  have  said  that  the  next  discoveries  of  the 
Spaniards  are  in  1774  ;  of  the  English  in  1778 ;  and  this  brings  us 
with  another  survey — that  of  general  dates — to  another  great  fact,  the 
lapse  of  time  over  which  this  series  of  discoveries  along  a  single  coast 
run.  They  occupy  near  two  hmidred  and  thirty  years.  Up  to  that 
period  the  shore  from  Bebring's  Straits  had  been  in  the  three  several  re- 
gions that  we  have  mentioned ,  at  least  as  continuously  discovered  as 
was  the  Atlantic  coast  of  America  before  Spain  and  England  and 
France  were  considered  the  legitimate  owners:  the  first  of  the  West 


54  OREGON.  , 

IndieS;  Mexico,  and  Florida  ;  the  second  of  Viiginia  and  New  Eng- 
land ;  the  third  of  Canada.  In  all  these  instances  the  proprietary  right 
is  confessed  to  have  flowed  from  their  having  first  seen  the  line  of  coast 
and  taken  formal  possession  of  some  one  part  of  it .  It  was  even  held 
that  all  its  bays  and  rivers  must  be  entered .  To  have  waited  for  this 
would  have  bred  eternal  counter  titles,  and  incapable  of  ever  being  set- 
tled. The  principle  of  discovery,  in  a  word,  has  ever  been  that  just 
stated,  and  upon  it  the  national  claims  to  almost  every  greater  eastern 
portion  of  this  continent  were  conceded  by  tlie  civilized  world  to  each 
nation  of  which  a  navigator  first  ascertained  the  general  existence  there 
of  continuous  land.  All  of  this  may  have  been  said  to  have  been  set- 
tled, down  to  Cape  Horn,  within  tlie  first  hundred  years  ;  why  must  the 
period  be  prolonged  to  two  hundred  and  thirty  years,  upon  a  coast  only 
about  half  as  long  ?  If,  as  is  apparent,  the  three  general  discoveries  of 
that  coast  had  been  already  made,  why  should  the  time  be  prolonged 
thirty  years  ;  especially  when  the  prolongation  can  only  serve  to  aug- 
ment the  difficulties  of  adjustment,  and  involve  the  claimants  in  dis- 
putes inextricable  ?  Let  us  resume  our  historical  narrative,  and  see 
whether  just  the  effect  mentioned  does  not  follow  from  our  consenting 
to  look  upon  the  coast  thus  generally  discovered  as  still  open  to  discov- 
ery at  particular  points — to  discovery  such  as  could  confer  a  general 
territorial  right  that  could  extinguish  much  older  ones  along  a  coast 
already  frequently  discovered.  This  is  manifestly  the  great  question 
as  to  our  obtaining,  through  Captain  Gray's  discovery  of  the  mouth  of 
the  Columbia,  a  title  within  shores  already  appropriated — a  title  giving 
the  entire  space,  north  and  south,  from  the  mountains  to  the  sea,  wa- 
tered by  the  branches  of  the  river.  The  river  on  the  north  is  a  very 
broad  one,  if  to  be  thus  applied  ;  of  the  first  discovery  of  which  by  the 
Spaniards  there  is  not  a  shadow  of  doubt,  near  one  hundred  and  fifty 
years  before  the  French,  who  granted  it  to  us,  ever  saw  one  rill  of  its 
waters  any  where.    But  let  us  proceed. 

"In  1763,  the  English  acquired  by  treaty  from  France  all  her  Cana- 
•dian  possessions  and  their  dependencies,  the  Spanish  all  her  terpitory 
and  claims  in  the  valley  of  the  Mississippi.  By  this  cession  England 
-came  into  undisputed  proprietorship  of  Or^on, extending  west,  along 
the  49th  parallel,  at  least  as  far  as  the  chains  of  the  Rocky  Mountains ; 
fio  aU  our  own  subsequent  treaties  have  admitted  ;  thus  bringing  her 
-eastern  territory  into  the  same  contiguity,  as  uw  in  part  found  our  claim 
on^  with  the  disputed  shores  of  the  Pacific.    Thus,  if  contiguity  be  any 


OREGON.  55 

basis  of  a  right,  which  we  deny,  hers  dates  from  1763,  ours,  at  most, 
from  1803.     From  about  1770  to  1798,  the  Spanish  formed,  at  different 
points  along  the  shores  of  California,  settlements  extending  as  far  as 
San  Francisco,  in  38°,  the  most  northern  point  they  ever  settled  or 
ever  occupied,  except  Nootka,  for  the  short  time  during  which  they 
held  it,  after  expelUng  Meares,  Colneti,and  others  from  them,  and  un- 
til they  restored  it  to  England  by  the  Nootka  Sound  Convention.     We 
have  already  mentioned  the  Spanish  expeditions  of  Juan  Perez  and  of 
Haceta,  in  1774  and  1775.    In  the  former.  Queen  Charlotte  island, 
Nootka  Sound,  and  a  few  other  points,  from  54°  north  to  49°, are  sup- 
posed to  have  been  discovered.     (See  Greenhow,  p.  116.)     But  Mr. 
Greenhow,  though  evidently  partial  to  the  Spanidi  discoveries,  as  now 
conferring,  he  thinks,  title  on  us,  thus  sums  up  the  results  of  the  voy- 
age:   'In  this  voyage,  the  first  made  by  the  Spaniards  along  the  north- 
west coast  of  America  since  1603,  very  little  was  learned,  except  that 
there  was  land  on  the  eastern  side  of  the  Pacific,  as  far  north  as  the  lat- 
itude of  54°.    The  Government  of  Spain  perhaps  acted  wisely  in  con- 
cealing the  accounts  of  the  expedition,  which  reflected  little  on  the 
courage  or  the  science  of  its  negotiators  ;  but  it  has  thereby  deprived  it- 
self of  the  means  of  establishing  beyond  question  the  claim  of  Perez  to 
the  discovery  of  the  important  harbor  called  Nootka  Sound,  which  is 
now,  by  general  consent,  assigned  to  Oaptain  Cook  J    Here,  we  fear, 
is  the  recognition  of  a  new  though  rational  principle,  which  it  would 
have  been,  at  least,  more  poliUc  to  have  left  to  our  adversaries  to  dis- 
cover ;  for  the  consequences  are  extensive,  invalidating,  of  necessity, 
f(Nr  the  like  reason,  a//  otlier  discoveries  of  Spain  not  by  her  made 
known;  and  within  this  categor}'  fall  the  voyage  of  Juan  de  Fuca,and  it 
may  even  seem  that  of  Haceta,  Bodego,  and  Maurelle  ;  of  which,  im- 
portant as  they  are  considered,  the  publication  was  never  made  by  the 
Spanish  Government,  nor,  indeed ,  made  at  all ,  except  that  of  Maurelle 's 
Journal,  obtained  in  manuscript  by  Daines  Barrington,  and  by  him,  in 
1781 ,  embodied  in  a  translation  in  his  miscellanies.    (See  Greenhow, 
p.  117.)    Thus  Cook's  Journal  having  been  published  in  1784,  his 
discoveries  take  precedence  of  Haceta  and  of  Bodega,  at  least,  if  not  of 
Maurelle.    Such,  at  least,  is  the  effect  of  Mr.  Greenhow 's  doctrine. 
And,  moreover,  he  himself  afterwcerds  c^fmns  that  Chok  saw  the  west 
coast  of  America  south  of  Mount  San  Jacinto,  or  Edgecombe,  which, 
fytdnot  beenprevimidy  seen  by  Perez,  Bodega,  or  Haceta;  ami  after 
passing  thai  point,  he  was,  as  he  frequently  admits,  aided  and  in 


56  OREGON. 

a  measure  guided  hy  the  accounts  of  the  Russian  voyagers.  The  ob- 
servations of  the  English  were ,  however ,  infinitely  more  minute  and 
more  important  in  their  results  than  those  of  any  or  all  the  other  nav- 
igators who  had  preceded  them  in  the  exploi-ation  of  the  North  Pad- 
jic;  for,  by  determining  accurately  the  positions  of  the  principal  points 
on  the  coast  of  Asia  and  America  bounding  that  sea,  they  first  afforded 
the  means  of  ascertaining  the  extent  of  those  continents  and  the  degree 
of  their  proximity  to  each  other,  respecting  which  they  executed  this 
task,  and  serves  to  dispel  the  apprehensions  previously  entertained  with  re- 
gard to  expeditions  through  that  quarter  of  the  ocean.'  (Pp.  1 58- '59.) 
There  remains  to  be  spoken  of  but  two  Spanish  voyages,  that  of  Artea- 
ga  and  Bodega  in  1779,  and  that  of  Gallain  and  Valdez  in  1792.  Of 
the  first  of  these,  we  need  only  repeat  what  Mr.  Greenhovv'  says  at  page 
12,  5,  that  it  vioited  notliing  which  had  not  before  been  examined  by 
Cook.  And  his  account  of  the  several  or  succeeding  voyages  (at  pages 
239  and  240)  makes  it  clear  that  it  did  little  or  nothing,  except  to  attend 
Vancouver  in  a  part  of  his  course.  We  have  thus  brought  down  this 
compend  and  chronology  of  discovery  and  occupation  on  the  northwest 
coast  of  America  to  the  immediate  facts,  (nearly  of  the  same  date,)  be- 
yond which  it  seems  to  us  almost  needless  to  descend — ^we  mean  the 
Nootka  Sound  Convention  of  1790,  and  Gray's  discovery  of  the  mouth 
of  the  Columbia  of  1792.  The  subsequent  history  belongs  to  the  liv- 
ing generation  of  men  still  fit  for  action ,  and ,  it  needs  not,  therefore,  any 
elucidation  such  as  we  have  given  of  remote  events.  It  will  be 
perceived  that  we  have  chosen,  in  the  sketch  just  traced,  to  follow 
mainly  the  authority  of  Mr.  Greenhow,  who  has  generally  given  with 
faithfulness  matters  of  fact,  although  he  often  reasons  ill  from  them. 
On  the  whole,  his  book  does  him  credit  for  the  research  he  has  bestow- 
ed upon  it.  Yet  he  is  obviously  quite  too  much  the  advocate  of  every 
ground  of  our  claims  to  Oregon  ;  for  as  we  set  up  some  former  adverse 
titles,  there  can  surely  be  but  one  of  them  which  is  good.  Of  these 
titles  we  may  perhaps  offer  our  judgment  after  we  shall  have  presented^ 
as  a  further  fund  of  information,  the  arguments  of  Mr.  Rush  and  Mr. 
Canning.  Meantime,  what  we  have  already  drawn  from  Greenhow 
to  present  to  our  readers  must,  it  strikes  us,  surest  to  every  thinking 
man  the  idea  that  the  question  at  large  is  a  much  more  thorny  one  than 
gentlemen  on  either  side  thought y  who  had  only,  like  the  knights  quar- 
relling about  the  color  of  a  shield,  or  like  the  travellers  disputing  about 
the  hue  of  the  chameleon,  fixed  it  on  a  particular  state  of  color." 


O  R  E  G  0  If  .  57 

We  have  always  thought  that  a  nation  mistakes  its  glory 
that  is  so  alive  to  the  shghtest  insult,  and  musters  up  in 
hot  haste  its  army  and  navy,  and  fights  upon  the  shadow  of 
a  provocation.  It  is  very  right  that  all  countries  should 
b'<3  alive  to  their  honor  and  interests,  at  all  times  maintain- 
ing that  dignified  position  and  exalted  stand  which  it  should 
be  the  policy  of  all  republican  Governments  to  uphold ; 
but  there  is  a  difference  between  an  undue  proportion  of 
sensitiveness,  an  over  degree  of  niceness,  and  a  careless 
spirit  as  to  what  happens  to  the  prosperity  of  the  country, 
and  its  character  abroad.  A  nation  should  protect  its  hon- 
or as  a  parent  protects  his  child.  It  should  be  determined, 
firm,  end  unyielding;  not  hasty,  but  always  ready.  Let 
us  lay  down  the  good  and  safe  maxim,  *•'  not  to  meddle 
until  we  are  meddled  with."  By  avoiding  war,  we  drive 
off  the  most  distressing  evils,  the  direst  of  all  calamities  that 
can  befall  freemen.  We  admit  that  sometimes  it  is  una- 
voidable. Foreign  aggression  must  be  met  at  all  times 
with  violence ;  and  we  should  be  the  last  people  on  earth 
to  falter  with  our  laws  and  institutions  and  peculiar  system 
of  government,  but  the  first  to  act  in  case  the  national  hon- 
or is  insulted.  If  the  dispute  now  pending  cannot  be  set. 
tied  by  arbitration  or  negotiation,  let  war  be  the  next  ex- 
pedient ;  for  it  will  be  the  only  means  left  to  put  an  end  to 
all  strife  and  difficulty.  It  acts  as  a  great  purifier  and  regula- 
tor ;  blending  conflicting  and  discordant  elements,  putting  at 
rest  the  quarrels  and  unprofitable  disputes  of  petty  cliques 
and  clubs,  who  are  influenced  by  sinister  motives  and  cor- 
rupt designs,  connecting  with  ^"hooks  of  steel"  and  blend- 
ing State  with  State  that  are  almost  estranged  because  of 
some  unimportant  and  meaningless  point  of  controversy, 
and  stems  the  angry  and  swelling  tide  that  threatens  the 
disunion  of  great  Governments. 

In  discussing  this  question,  it  should  be  viewed  with  ref- 


58  OREGON. 

erence  solely  to  its  own  merits  and  to  its  bearing  upon  our 
honor  and  interests,  regardless  of  the  clamors  of  ignorance 
or  the  suggestions  of  selfishness.  Let  the  subject  be  de- 
bated and  ended  in  a  manner  that  will  result  to  the  entire 
satisfaction  of  the  intelligent  people  of  this  nation.  It  is 
now  regarded  by  them  as  it  should  be,  as  the  great  and 
leading  topic  of  the  day,  as  the  great  dividing  principle  be- 
tween this  country  and  Great  Britain.  There  is  another 
class  of  men  who,  to  a  part  if  not  the  whole  of  this  terri- 
tory, have  an  undeniable  right.  They  have  been  there  in 
a  state  of  barbarous  wildness,  with  minds  uncultivated,  like 
their  own  forests,  and  sensibilities  unsubdued  by  the  refine- 
ments of  civihzed  life,  and  the  still  gentler  influences  of  so- 
cial happiness  and  equality.  The  chase  has  been  their  dehght 
and  the  delight  of  their  forefathers  from  the  remotest  anti- 
quity. The  shrill  note  of  the  fox  and  wild  panther  have 
broken  in  tones  of  grateful  and  sweet  melody  upon  their 
ears,  and  for  centuries  past  they  have  lived  the  sole  occu- 
pants of  this  territory,  in  the  uninterrupted  enjoyment  of 
all  its  lands  and  resources.  The  Oregon,  not  a  part, 
but  the  whole  of  it,  is  theirs  by  right,  theirs  by  inheritance, 
by  discovery,  and  by  justice.  Pursued  and  hunted,  like 
beasts  of  the  forest,  through  a  succession  of  years,  until 
they  have  at  last  reached  the  very  extreme  hmits  of  their 
own  native  land,  and  naught  is  to  be  seen  of  the  vast  do- 
main save  a  wild  and  barren  wilderness.  In  the  retrospect 
the  scene  opens  before  them  in  all  its  melancholy  gran- 
deur. The  wigwam  and  the  prairie  fire  no  longer  delight 
with  spells  of  enchantment.  There  stand  as  before  the 
rich  blue  hills  in  the  distance,  smiling  in  the  exuberance  of 
fertility,  and  decorated  with  thriving  towns  and  villages. 
The  same  streams,  upon  whose  banks  they  dehghted  to 
build  their  midnight  fires  and  join  in  the  wild  revelries  of 
Bacchus,  still  smile  with  their  native  verdure,  and  bright- 


OREGON.  4P 

en  with  their  accustomed  beauty.  Amazing  change !  Those 
early  visions  have  fled,  while  the  cold  realities  of  real  life 
bear  heavily  upon  them  with  blighting  and  chilling  influ- 
ences. Their  houses  lie  scattered  and  torn  down,  a  moral 
desolation  upon  earth !  Every  year  has  darkened  their 
history  and  added  to  the  catalogue  of  their  ills.  Their 
chiefs  are  all  gone,  and  their  bones  lie  whitening  beneath 
the  summer^s  sun ;  while  their  unfortunate  offspring,  in  the 
terror  of  despair,  have  reached  as  it  were  the  world's  end, 
and  stand  upon  the  shore  of  the  broad  and  fathomless  Pa- 
cific. The  destruction  of  Babylon  and  Ninevah,  long  fore- 
told, carry  to  the  mind  painful  and  bitter  reflections ;  but 
when  we  follow  the  Indian  race,  from  the  earliest  period  of 
their  history,  through  their  primeval  prosperity  and  happi- 
ness, when  they  were  linked  together  by  "hooks  of  steel,'* 
enjoying  the  rights  which  nature's  God  gave  them,  how 
feeble  is  the  comparison  with  their  present  state.  But  a 
few  lefl  to  tell  the  story  of  their  wrongs  and  sufferings, 
could  they  be  permitted  to  remain  even  where  they  are, 
standing  almost  upon  an  acre  of  their  once  vast  and  bound- 
less domain,  their  situation  would  be  less  deplorable,  less 
wretched ;  but  like  a  fatal  disease  working  its  insidious  way 
into  the  very  seat  of  life,  the  progress  of  civilization  is  des- 
tined to  sweep  away  the  last  dear  relic,  the  inheritance 
of  past  days,  and  finally  to  rob  them  of  their  only  homes,  ' 
and  their  all.  Melancholy  reflection!  Once  so  formi- 
dable in  number,  so  indomitable  in  courage,  so  strong  in 
war.  The  mighty  people  of  this  western  world,  with 
its  vast  wealth  and  rich  products,  like  a  wreck,  the 
fell  destroyer  has  gone  on  subduing  and  conquering, 
until  the  war-whoop  is  nowhere  heard,  save  among  the 
frowning  cliffs  and  ratthng  crags  of  the  northwest  boun- 
tlary. 

But  with  respect  to  the  occupation  of  the  Oregon,  what 


60  OREGON. 

Other  course  can  we  safely  pursue,  other  than  taking  pos- 
session. We  regard  it  as  a  case  of  urgent  necessity,  inas- 
much as  Great  Britain  is  only  waiting  for  a  favorable  op- 
portunity to  take  exclusive  control ;  and  if  such  is  to  be 
the  case,  it  is  surely  admissible  in  us  to  establish  a  boun- 
dary which  will  afford  a  strong  protection,  a  barrier  against 
foreign  aggression.  We  are  not  anxious  nor  are  we  willing 
to  claim  or  have  any  thing  that  is  not  ours,  and  recognised 
as  such  by  the  laws  and  usages  of  nations.  Should  Eng- 
land disavow  any  intention  of  occupying  this  territory,  and 
we  felt  convinced  that  such  was  her  fixed  determination, 
we  might  then  be  justified  in  yielding  it  to  its  pres- 
ent occupants ;  but  under  the  circumstances,  we  believe 
that  our  national  safety^  and  the  safety  of  those  of  our 
countrymen  inhabiting  the  northwest  coast  and  the  sur- 
rounding country,  demands  of  us  an  acknowledgment  of 
our  rights  under  the  different  cessions  made  to  the  United 
States.  That  we  have  an  undisputed  claim  to  the  paral- 
lel of  49  degrees,  and  no  further,  must  be  readily  admitted. 
Those  who  are  in  favor  of  taking  possession  of  the 
whole  of  that  territory  contend  that  they  have  never  seen 
an  argument  at  all  plausible  that  assigned  the  reasons 
why  Great  Britain  should  own  north  of  that  parallel.  It 
has  been  said  that  the  parallel  of  49°  was  agreed  upon  as 
a  sort  of  compromise,  in  order  that  the  question  might  be 
Settled  without  delay.  Is  there  a  sensible  man  who  be- 
lieves that  this  parallel  would  have  been  included  if  our 
right  to  it  was  not  as  clear  as  to  that  south  of  that  line  ? 
It  cannot  be  so.  And  all  the  negotiators  on  the  subject 
on  behalf  of  the  United  States,  who  have  investigated  the 
subject  in  its  minutest  details,  insist  that  the  line  of 
49  degrees  should  be  the  boundary — all  north  of  it  belong- 
ing to  Great  Britain,  and  all  south  to  the  United  States." 
We  regard  these  facts  as  the  strongest  argument  that  can 


oR£ooir.  61 

be  employed,  and  one  that  deserves  the  consideration  of 
the  unprejudiced  and  the  unbiassed.  All  the  ethical  writers, 
Grotius,  Puffendorff,  Baron  Wolfius,  and  Vattel,  who  have 
founded  their  opinions,  in  the  main,  on  accurate  bases,  which 
have  been  for  many  years  accredited  by  diplomatists  as 
ready  elucidations  of  the  principles  that  should  govern 
the  general  course  and  policy  of  nations,  concur  with  the 
President,  as  expressed  in  his  inaugural,  that  our  right  is 
'"'•clear  and  indisputable.^''  But  we  have,  independent  of 
the  principles  contained  in  the  works  of  these  distinguish- 
ed writers,  another  consideration  which  is  of  binding  force, 
and  of  primary  importance  to  all  others,  rendering  the 
point  wished  to  be  established  beyond  doubt — we  mean 
the  ^''prevailing  sentiment  of  nalional  honors  All  na- 
tions admit  that  there  is  a  certain  code  of  laws  touching 
the  rights  of  countries,  and  adapted  to  cases  as  they  may 
occur,  which  never,  under  any  circumstances,  lose  their 
moral  force  or  effect.  These  opinions,  expressed  through 
the  press  in  a  repubhc  numbering  twenty  millions  of 
freemen,  must  be  in  the  ascendant,  and  exert  a  power- 
ful moral  influence  that  cannot  be  swayed;  and  if  a 
rule  of  action  is  taken  inconsistent  with  the  views  of 
this  class,  it  will  be  at  once  denounced  and  put  down, 
never  availing  any  thing  or  having  any  weight.  This  is 
the  best  preservative  of  the  rights  of  nations ;  for,  by  it 
redress  is  demanded.  It  takes  cognizance  of  the  wrongs 
or  injuries  committed,  and  repudiates  and  abuses  every  un- 
just policy  with  unqualified  disdain.  Rules  of  justice,  al- 
ways the  same,  eternal  and  unalterable,  must  be  observed  as 
fully  by  monarchies  as  by  republics.  They  are  the  same 
yesterday  and  to-day  throughout  the  world ;  and  though 
a  desire  may  be  evinced  at  times,  and  even  expressed,  to 
disregard  them  for  the  advancement  of  certain  ends,  the 
6 


Ml  0EE60N. 

fear  and  abuse  of  other  countries  will  almost  invariabl^r 
deter.  No  written  codes  can  alter  these  natural  tenden- 
cies, or  affect  their  results.  They  are  as  common  to  coun- 
tries as  passions  and  appetites  are  to  the  human  frame. 
They  are  immutable  and  fixed ;  as  much  so  as  the  laws  of 
gravitation,  or  those  which  control  the  planetary  system. 
Independent  of  the  laws  of  nations,  which  are  invariably 
consulted  in  all  legislative  assemblies  in  times  of  necessi- 
ty, the  principles  of  which  are  the  only  governing  rules  of 
action,  admitted  to  be  so  by  proper  authorities,  there  are 
frequently  acts  of  aggression  committed  under  circum- 
stances which  are  unnoticed,  or  not  included  in  the  works 
of  writers  on  international  law,  that  render  it  necessary 
to  a  preservation  and  maintenance  of  that  dignity  which 
all  States  boast  of,  which  it  is  their  duty,  as  States, 
having  their  honor  to  preserve,  whether  they  be  strong  or 
weak,  whether  they  have  a  handful  or  a  legion  of  men,  it 
matters  not,  an  invasion  of  their  rights,  and  an  assumption 
of  undue  power  not  recognised  by  the  laws  of  nations,  or  by 
that  code  of  laws  tacitly  acknowledged  to  be  good  by  com- 
mon consent  of  all  the  powers  of  the  earth,  compel  them  to 
throw  the  ^^  scabbard  from  the  sword,  and  to  go  forth  to 
victory  or  death."  Their  national  character  is  insulted, 
injuries  are  added  to  insults,  and  they  are  left  but  two 
alternatives,  to  submit  tamely  to  injuries  and  wrongs,  or  to 
avenge  their  cause  at,  all  hazards.  We  shall  now  pro- 
ceed to  discuss  the  question  under  the  fourth  head. 


FF%a<  Aas  the  United  States  done  to  protect  her  settlers  ? 

Since  the  treaty  of  1827,  which  gave  to  Great  Britain 
the  right  of  joint  occupancy,  nothing,  we  may  say,  has  been 
done  to  protect  our  settlers.  Many  years  ago  a  number  of 
individuals  residing  in  the  interior  and  southwest  of  the 
United  States,  emigrated  to  Oregon  under  peculiar  cir" 
cumstances.  The  plan  was  long  meditated  by  them,  and 
the  promise  of  protection  under  our  laws,  and  the  flatter- 
ing prospect  that  was  held  out  respecting  the  cHmate 
and  soil,  induced  them  to  carry  out  their  undertaking. 
Poor,  and  without  friends,  and  stimulated  by  a  laudable 
desire  to  seek  their  fortunes  in  a  "fair  and  fertile" 
region  of  the  continent,  where  they  would  be  enabled  to 
pursue  their  various  occupations,  in  the  peaceful  enjoy- 
ment of  their  own  rights,  uninterrupted  by  competition,  and 
with  countless  natural  resources  around  them,  they  went 
forth  from  an  exhausted  region  of  country  to  unite  their 
destinies  with  those  of  the  inhabitants  of  Oregon.  En- 
couraged by  the  flattering  accounts  which  had  reached 
their  ears  of  this  distant  but  splendid  territory,  "with  wil- 
ling minds  and  honest  hearts"  they  shouldered  their  knap- 
sacks in  the  midst  of  the  blessings  of  civilization  and  the 
refinements  of  social  life,  and  united  hand  in  hand  with  the 
brave  pioneers  of  the  northwest  coast.  "They  were  anx- 
ious," says  Washington  Irving,  "to  extend  the  area  of  free- 
dom," to  reclaim  the  wilds  of  this  inexhaustible  land,  to 
introduce  the  manners  and  customs  and  creeds  of  civilized 
and  refined  life,  "to  make  the  desert  blossom  like  the 
rose,"  and  to  work  out,  as  had  done  the  earliest  settlers  of 
America,  their  own  destiny.  What  design  could  be  more 
praiseworthy  and   more  to  be  admired,  considering  the 


64  OREGON. 

many  disadvantages  connected  with  the  enterprise.  A 
handful  of  men,  hardly  a  corporaPs  guard,  with  but  few 
weapons  of  defence,  without  money,  and  almost  without 
encouragement !  But  they  were  equal  to  the  task ;  pos- 
sessing, in  an  emiiient  degree,  one  important  requisite,  and 
that  was  an  inflexible  will^  an  unwavering  belief  that  all  in 
the  end  would  be  well.  But  their  expectations,  which  had 
been  fed  with  various  accounts  through  their  long  and  te- 
dious journey,  were  far  from  being  reahzed. 

After  travelling  for  weeks  and  months  without  shoes,  and 
sometimes  without  provisions,  the  idea  frequently  occur- 
ring to  them  that  the  life  of  one  of  their  party  would  have 
to  be  taken  to  preserve  the  lives  of  the  rest,  they  reached 
their  place  of  destination,  care-worn  and  enfeebled.  The 
American  Government  faithfully  promised  to  throw  around 
her  settlers  the  broad  aegis  of  her  laws,  to  extend  to 
them  freely  the  inalienable  rights  of  free-born  Ameri- 
can citizens,  and  to  defend  them  from  any  attack  from 
without  or  within.  This  promise,  solemnly  made,  has 
been  either  knowingly  falsified  or  wilfully  neglected.  No 
step  has  been  taken  from  that  day  to  this  to  redeem  this 
solemn  obligation ;  and  the  American  settlers  remain  in 
Oregon  now,  as  then,  unprotected,  uncared  for,  and,  we 
may  say  in  truth,  unthought  of  Perfect  indifference  has 
been  manifested,  be  it  said  with  shame.  Congress  after 
Congress  has  convened,  no  appropriation  has  been  made 
unsustained  by  the  mighty  voice  of  the  American  people, 
and  nothing  done  to  alleviate  the  sufferings  of  these  un- 
fortunate adventurers. 

It  appears  that  in  1839  there  were  two  or  three  thousand 
New  England  emigrants  ready  and  willing,  and  anxious, 
to  settle  in  Oregon  if  protection  under  our  laws  would 
be  promised  them.  They  waited  for  a  long  time  in  anx- 
ious expectation  that   their  request   would  be   granted. 


U  R  S  O  0  !<r .  1^* 

Proposition  after  proposition  was  made,  not  one  of  which 
was  regarded;  and  though  their  sufferings  and  misfor- 
tunes increased  every  day,  there  was  no  action  taken  what- 
ever. Fuel  was  now  thrown  upon  the  fire  ;  and  that  por- 
tion of  the  American  people  who  were  most  solicitous  and 
desirous  to  establish  our  citizens  in  the  territory,  believ- 
ing, as  they  said,  ^Hhat  our  title  was  perfectly  good,''  be- 
came at  last  greatly  incensed  that  Congress  was  unwilling 
as  expressed  by  their  vote,  to  meet  the  wishes  of  this  brave 
and  valiant  band.  Repeated  attempts  have  since  been 
made  to  extend  our  laws  over  this  country,  all  of  which 
have  invariably  failed.  In  1843,  a  bill  to  that  effect  p"  ^s"«?d 
the  Senate,  after  much  difficulty,  by  the  votes  of  . 
cratic  Senators.  It  was  considered  by  many  a  law;  but, 
strange  tc  say,  from  the  day  of  its  passage  it  has  never 
gone  into  operation,  and  is  of  course  regarded  as  nuga- 
tory. 

As  late  as  1824  a  resolution  passed,  by  a  large  majority, 
the  same  body,  "  to  give  notice  to  Great  Britain  of  our  in- 
tention to  annul  the  treaty  of  joint  occupancy,  allowing  an 
interval  of  twelve  months,  as  was  stipulated  in  said  treaty. 
After  much  labor  and  discussion  it  was  lost  by  Whig  votes. 
Here  we  again  find  the  Whig  party  defeating  the  object  of 
the  democratic  portion  of  the  Senate,  and  in  truth  violating 
the  wishes  of  an  overwhelming  majority  of  the  American 
people.  A  severe  rebuke  went  forth  from  Maine  to  Louisiana. 
Dissatisfaction  prevailed  in  every  quarter  of  the  Union ;  but 
such  was  the  Whig  opposition  that  a  reconsideration  of 
the  question  was  considered  useless.  Meetings  were  held 
in  various  parts  of  the  land,  in  which  the  bitterest  denunci- 
ations were  publicly  made,  and  the  course  pursued  con- 
demned in  the  strongest  and  most  positive  terms.  What 
the  design  was  we  do  not  pretend  to  say.  It  has  been  sur- 
mised that  they  were  anxious  to  feel  the  British  pulse  be- 


CH^  OREGON. 

fore  asserting  their  rights,  and  if  their  opinions  could  be 
ascertained,  then  to  act  accordingly.  But  we  will  not  im- 
pute to  the  Senate  such  motives.  We  cannot  think,  in 
view  of  our  national  position,  and  the  popularity  of  our  sys- 
tem of  Government,  that  we  have  had,  or  ever  will  have, 
a  Senator  who  is  prepared,  with  the  eyes  of  his  constitu- 
ents and  of  the  whole  world  resting  upon  him,  to  ac- 
knowledge, directly  or  indirectly,  his  preference  for  British 
laws  and  institutions.  This,  indeed,  would  be  a  phenome- 
non the  most  remarkable  that  has  occurred  in  the  history 
of  politics,  and  calculated  to  excite  the  alarm  and  sur- 
prise of  every  patriot  and  philanthropist.  That  there  are 
men  in  our  Government,  high  public  functionaries,  having 
in  their  hands  the  dispensation  of  political  patronage,  whose 
predilections  are  on  the  side  of  foreign  nations,  admiring 
their  customs  and  applauding  their  usages,  there  can  be 
but  little  doubt ;  but  we  believe  in  the  abstract  that  there 
is  no  American,  native  born,  who  is  not  truly  an  Ameri- 
can; he  may  differ,  and  widely  too,  as  regards  the  opera- 
tion of  certain  fundamental  principles,  their  tendency  and 
bearing  upon  certain  communities  and  classes,  and  their 
effect  upon  society  in  general,  but  we  cannot  for  a  mo- 
ment suppose  that  there  breathes  a  man  in  this  vast  com- 
munity of  States  who  would  exchange  our  political  system 
for  that  of  any  country  on  the  Globe,  unless  it  were  done 
from  interrsted  motives.  The  history  of  our  confederacy 
for  the  last  half  century,  and  long  before,  fully  attests  the 
soundness  of  our  theory,  and  the  honesty  of  our  national 
systenf,  as  it  has  been  termed.  We  want  no  better  gov- 
ernment. It  answers  all  the  ends  for  which  it  was  intend- 
ed ;  it  is  not  in  the  least  monarchical,  nor  is  it  aristocratic. 
It  is  not  in  the  hands  of  a  few  ambitious  men.  Each  State 
is  sovereign.,  having  its  representatives  and  laws,  while  at 
the  same  time  they  acknowledge  their  allegiance  with  one 


OREGON.  ,67 

another,  their  constitutional  connexion.  The  Government 
is  controlled  by  wise,  prudent,  and  skilful  men,  and  not 
by  selfish  parties  or  cliques.  The  poor  man,  in  his 
native  simphcity,  has  an  equal  voice  in  legislative  mat- 
ters, because  he  is  a  part,  a  constituent  part,  of  the 
confederacy.  This  is  not  an  undue  power  that  he  is 
exercising,  it  is  not  a  special  privilege  that  is  denied 
to  others,  but  a  right,  an  inherent  right,  which  belongs 
to  all,  because  they  are  moral  beings.  The  poor  man  is 
under  no  more  restrictions,  constitutionally,  than  the  rich 
man;  he  is  empowered  with  the  same  capacity  to  act 
in  legislative  matters  as  the  most  noted  and  distinguish- 
ed; he  partakes  in  the  election  of  his  governors  and  law- 
makers, "  because  he  is  a  part  of  the  State  and  a  member 
of  society."  That  distinctions  will  sometimes  exist,  must 
be  admitted  under  the  present  organization  of  affairs.  Men 
of  similar  tastes,  similar  desires,  feelings,  propensities,  and 
sentiments,  will  class  themselves  under  one  head,  but  these 
classes  are  not  given  birth  to  by  the  laws  of  the  land.  They 
do  not  encourage  them,  far  from  it ;  but  they  exist  by  the 
conventional  consent  of  the  people,  by  a  tacit  willingness  to 
form  themselves  into  separate  parties  for  special  purposes. 
For  instance,  it  is  not  to  be  expected  that  literary  men, 
who  are  intimately  acquainted  with  all  the  refinements  of 
dignified  life,  and  who  have  spent  half  of  their  lives  in  their 
closets  in  the  attainment  of  scientific  knowledge,  will  con- 
sent to  associate  and  mingle  with  the  plebeian  orders  of 
society.  This  has  never  been  the  case,  and  never  can  be 
in  the  nature  of  things.  In  the  days  of  the  Caesars  there 
were  fewer  grades  in  society,  but  that  can  be  very  easily 
accounted  for,  locking  to  the  difierence  between  their 
creeds  and  customs  and  ours.  It  would  be  very  remark- 
able if  a  Republican  Government  fostered  a  feeling  Uke 
this,  for  surely  its  legitimate  object  is  to  protect  the  peo- 


ttg  OREGO  N. 

pie  in  the  enjoyment  of  their  rights ;  and  whenever  it  re- 
lapses into  a  state  of  listlessness  or  favors  the  few  at  the 
expense  of  the  many,  the  very  life  and  essence  of  republi- 
canism is  lost,  its  spirit  is  perverted,  its  character  mis- 
understood, and  dissolution  is  the  inevitable  consequence. 
It  is  utterly  impossible,  and  the  history  of  fallen  nations 
prove  it,  for  a  Republican  Government  to  exist  which  does 
not  recognise  the  equality  of  rights  in  man.  The  very  first 
principle  of  republicanism  is  equal  rights  and  equal  privileges. 
Upon  it  its  principles  are  based.  It  is  the  very  ground-work 
of  our  policy,  and  without  it  there  is  no  republicanism,  not 
even  the  semblance  of  it.  By  fostering  these  leading  prin- 
ciples the  public  morals  are  protected.  But  we  have  a  strong 
guarantee  for  the  public  morals  which  Greece  and  Rome  had 
not.  We  mean  the  Christian  religion.  Its  code  of  morals  is 
perfect,  and  its  sanctions  as  pure  as  it  is  possible  for  the 
imagination  to  conceive.  It  embraces  the  whole  human 
family,  and  even  had  our  own  people  a  downward  tend- 
ency, its  power  would  arrest  its  progress.  It  is  the  great- 
est incentive  in  the  world  to  improvement.  It  tends  di- 
rectly to  the  institution  of  democracy.  If  men  are  just 
they  must  be  democratic.  And,  in  the  language  of  a  dis- 
tinguished writer,  ^^  what  will  become  of  usurpation  and 
force,  corruption  and  fraud,  as  Christianity  takes  its  march 
over  the  earth.  It  sanctions  nothing  but  what  is  wise  and 
what  is  good,  and  abhors  the  corruption,  extravagance,  and 
vanity  of  courts."  There  will  always  be  a  struggle  be- 
tween the  many  stnd  the  few.  This  is  expected,  and  can- 
not be  avoided.  It  is  synonymous  with  the  existence  of 
Government,  and  has  prevailed  and  will  prevail  in  all  time 
to  come.  Look  to  the  palmy  days  of  the  Roman  Repub- 
lic— ^the  common  people,  the  plebeians,  the  patricians,  and 
the  nobiUty — look  to  the  war  that  was  waged  by  them — ^their 
contests  were  so  fierce  that  they  shook  the  foundations  of 


OREGON.  09 

the  Government ;  and  had  it  not  been  for  the  exercise  and 
interference  of  great  minds  that  were  equal  to  the  emer- 
gency, men  of  energy  and  moral  force,  that  nothing  could 
daunt—  who  directed  the  martial  spirit  to  conquest  and 
glory,  in  the  subjugation  of  other  nations  to  their  imperial 
sway — ^the  contests  of  these  orders  would  have  destroy- 
ed the  Republic  forever.     It  is  very  true  that  the  people 
were  never  secured  in  the  rights  of  property  to  the  same 
extent,  and  in  the  same  degree,  that  the  enlightened  na- 
tions of  the  earth  now  are.     Yet  compare  the  state  of  the 
arts  and  sciences,  of  morals  and  governments,  as  existing, 
(in  the  republics  of  antiquity,)  with  the  same  or  a  similar 
state  of  things  in  monarchies,  and  the  fact  is  prominent, 
that  the  republics  excelled  all  the  monarchies  of  ancient 
times.     Look  to  the  system  that  is  observed  in  the  opera- 
tion of  the  machinery  of  our  Government — its  principles  are 
established,  and  all  that  our  magistrates  or  rulers  have  to 
do,  is  to  see  that  this  system  is  kept  up,  to  put  an  end  to 
all  abuses,  and  to  inform  the   people,  from  time  to  time, 
whose  representatives  they  are,  of  the  state  or  condition  of 
the  body  politic.     We  profess  to  be  a  just  and  law-loving 
people,  living  under  a  Government  that  dispenses  equal 
benefits  and  blessings  to  all,  protecting  the  interests  of  the 
high  and  low,  and  fostering  those  institutions  which  will 
benefit  society  most.     Equality  of  rights  is  the  most  valu- 
able conservative   feature  of  our  Constitution;  it  unites 
in  hannonious  union  the  unfortunate  and  oppressed  with 
the  more  affluent  and  elevated ;  it  is  one  among  the  surest 
safe-guards  to  republicanism,  inasmuch  as  all  republics  are 
based  upon  it,  and  without  it  they  would  exist  in  name, 
but  not  in  truth.     Equal  rights  was  the  first  great  law  con- 
ceived in  the  convention  that  met  to  frame  our  Constitu^ 
tion.    While  other  principles  of  Government  were  en- 
grossing the  consideration  of  this  august  body.,  and  calling 


70  OREGON. 

forth  heated  and  protracted  debates,  there  was  hot  one 
prevaihng  opinion  respecting  equality  of  rights,  but  one 
opinion  as  to  its  necessity  and  importance.  It  was  re- 
garded by  all,  as  it  really  is,  the  connecting  link  between 
man  and  man ;  a  safe-guard  in  times  of  danger  and  excite- 
ment, which  acts  as  a  check  in  the  prevention  of  lawless 
deeds ;  hence  its  existence  in  our  Constitution,  and  the 
fact  that  its  value  has  never  been  disputed,  even  by  the 
most  degenerate  and  corrupt,  who  have  scattered  firebrands 
at  the  altar  of  our  country ^s  hopes,  is  the  strongest  and  most 
conclusive  argument  that  can  be  employed  in  its  defence. 
It  proves  at  once  that  it  is  at  the  very  foundation  of  our 
principles,  one  of  the  principal  ingredients  of  our  system. 

In  a  country  like  ours,  that  is  improving  every  day  in  the 
arts  and  sciences,  and  in  agriculture  and  commerce  as  well 
as  in  the  sciences,  and  in  all  the  various  pursuits  to  which 
man  is  adapted,  the  means  of  subsistence  should  be  made  ad 
infinitum.  Who  can  doubt  the  real  benefit  and  satisfaction 
of  hving  independently  when  all  around  is  rapidly  improving.** 
The  gain  of  every  season  manifests  itself  to  the  eye,  and 
every  person  makes  a  part  of  the  improvement  that  he  wit- 
nesses. The  impulse  of  progress  communicates  itself  to 
alt.  Every  additional  piece  of  ground  that  is  reclaimed 
and  broken  up  for  tilling,  every  new  barn,  every  handsome 
building  that  is  erected,  is  a  theme  of  conversation  and  in- 
terest, not  unfrequently  of  emulation,  to  a  whole  neighbor- 
hood. So  very  strong  is  the  impulse  from  this  source, 
that  these  improvements  seem  to  be  made  in  concert — all 
appear  to  be  equally  interested  in  the  grand  march  of  im- 
provement, and  lend  a  willing  hand  to  extend  this  charitable 
work.  It  cannot  be  expected  that  the  soil  of  our  country  is 
as  productive  as  it  formerly  was.  It  is  a  principle  laid  down 
by  all  farmers,  that  as  the  land  is  worked  so  is  the  product 
less,  and  every  year  it  continues  to  produce  less,  until  at  last, 


OREGON.  71 

unless  it  is  improved  by  certain  applications,  the  product 
is  hardly  worth  the  labor  that  is  expended  in  the  cultiva- 
tion. This  is  a  very  strong  reason  for  emigration,  and  there 
is  nothing  to  deter  the  poor  man  from  making  Oregon  his 
home.  There  he  has  spread  out  before  him  a  wide  field 
with  all  its  advantages,  lands  in  all  their  native  richness, 
and  it  is  indeed  gratifying  to  feel  ourselves  as  "'  good  as 
the  best,^^  and  to  stand  on  a  level  with  the  highest.  In  an 
old  settled  country  like  ours,  which  has  been  under  a  regular 
system  of  improvement  for  centuries,  and  which,  of  conse- 
quence, must  be  somewhat  exhausted,  so  far  as  its  soil  is 
concerned,  labor  is  chiefly  in  demand  for  continuing  culti- 
vation. In  the  comparative  wilderness  it  is  required,  on 
the  other  hand,  for  subduing  the  earth,  as  well  as  for  cul- 
tivating tracts  already  brought  under  the  plough.  This 
forms  a  great  additional  source  of  employment  for  the 
laborer.  In  a  new  country  the  surplus  that  is  created  by 
labor  is  from  year  to  year  invested  in  improvements,  while 
necessity  creates  an  additional  demand  for  labor.  In  this 
way  every  new  improvement  furnishes  the  means  for  new 
outlay,  by  which  the  laborer  is  the  first  to  profit.  Labor 
can  never  have  so  great  comparative  value  as  when  the 
country  is  in  its  transition  state  from  wild  to  cultivated. 
Then  there  is  a  constantly  increasing  demand  for  the  phy- 
sical energies  of  the  laborer.  Every  day  presents  new  in- 
ducements. Undertakings  are  made  and  contracts  entered 
into,  the  success  of  which  wholly  depends  upon  the  indus- 
try of  the  parties ;  hence  it  is  that  strong  inducements  are 
held  out  for  emigration  which  before  could  not  exist.  There 
is  no  country  in  Christendom  more  inviting  to  the  indus- 
trious poor  man  than  a  large  portion  of  the  Oregon  Terri- 
tory. There  he  is  not  disturbed  in  the  exercise  of  his 
faculties  by  the  tremendous  competition  which  is  witnessed 
in  the  United  States  every  day.    There  he  is  not  burdened 


7*2  '  o  R  E  o  o  ?r . 

by  excessive  and  unequal  taxation,  which  takes  a  way  a 
great  portion  of  his  satisfaction.  He  finds  no  law» 
to  take  away  with  one  hand  what  it  gives  with  the  other, 
by  levying  enormous  and  unreasonable  duties  on  the  ne- 
cessaries of  life.  But  to  touch  upon  this  would  lead  us  to 
the  vexed  question' of  the  Tariff,  ^'^in  which  wise  heads 
labor  as  in  a  treadmill.^^    There  , i . 

^'^  The  air  of  Heaven  •  •  *' 

Visits  no  freshlier  the  rich  man's  brow  ;  .•;,*■. 

He  has  his  portion  of  each  silver  star  -  ^    .,  .'. 
Sent  to  his  eye  so  freely ;  and  the  light  .  < 

Of  the  blest  sun  pours  on  his  book  as  clear 
As  on  the  golden  missal  of  a  king." 

In  the  settlement  of  Oregon,  should  it  be  our  fortune  to 
have  it,  the  same  wise  statutes  and  excellent  laws  under 
which  we  have  so  long  and  so  happily  lived  would  be  surely 
introduced.  A  repubhcan  constitution,  characterized  as 
ours  is  by  simplicity  and  impartiality,  accommodated  to  the 
wants  of  men  of  all  classes  and  conditions,  and  bearing 
upon  its  every  feature  conciliation  and  compromise,  cannot 
fail  to  produce  a  salutary  effect  in  society.  Under  this 
constitution,  mild  and  equal  in  its  exactions,  md  forbidding 
expressly  an  exercise  of  undue  powers  not  delegated,  let 
us  move  on  proudly  and  successfully,  as  we  have  done  be- 
fore, and  as  becomes  a  great,  growing,  and  christian  na- 
tion. .  The  "  Father  of  the  universe,"  in  whose  hands  are 
all  things,  has  truly  favored  us,  and  we  are,  in  deed  and  in 
truth,  "  a  peculiar  people."  He  has  watched  over  our 
country  from  infancy  to  manhood,  making  it  the  asylum  of 
peace,  virtue,  and  Christianity,  and,  thanks  be  to  Him,  we 
have  preserved  unimpaired  the  only  safe-guards  of  liberty 
and  republicanism.  It  becomes  us,  therefore,  as  responsi- 
ble to  ourselves,  and  to  late  and  still  later  generations,  to 
defend  and  protect  the  rights  and  privileges  which  have 


OREGON.  73 

been  bought  at  the  cost  of  blood  and  treasure.  Let  us, 
like  the  beautiful  young  mother,  Maria  Theresa,  '•'•  unsheath 
the  sword  of  steel,  striking  it  north  and  south,  east  and 
west,  challenging  the  four  corners  of  the  world  to  dispute 
our  rights."  It  is  true  that  war  is  an  evil,  and  should,  if 
possible,  be  avoided  at  all  times.  But  are  we  to  surrender 
valuable  rights,  touching  our  honor  and  standing  as  a  na- 
tion, for  fear  of  it,  thereby  proving  to  the  world  that  we 
are  either  incapable  or  without  the  courage  ^^  to  maintain 
our  position.'*"  We  concur  most  heartily  with  the  ex- 
British  minister,  Mr.  Huskisson,  ^'  that  it  would  be  lament- 
able in  this  age  for  two  such  countries  as  the  United  States 
and  Great  Britain  to  draw  to  a  rupture  on  such  a  subject 
as  the  uncultivated  wilds  of  the  northwest  coast ;"  but  we 
equally  concur  with  the  American  Senator,  who  has  said 
"  that  it  is  the  duty  of  the  Government  to  protect  our  citi- 
zens, wherever  they  may  lawfully  be,  to  the  fullest  extent, 
in  the  rights  of  property  and  the  privileges  which  appertain 
to  citizens  of  the  United  States.  Should  any  American  in 
Oregon  be  disturbed  in  the  exercise  of  the  rights,  granted 
him  by  the  laws  of  the  United  States,  by  any  power  of  the 
Old  World  or  out  of  it,  it  is  the  duty  of  the  President  to 
send  troops  to  their  defence,  and  there  to  keep  them  as 
long  as  the  exigency  may  require.  So  far  no  direct  attack 
has  been  made  upon  our  citizens,  and  consequently  there  has 
been  no  actual  need  of  defence.  They  have  gone  there  of 
their  own  accord  to  better  their  conditions,  to  introduce 
the  hght  of  civilization,  and  to  soften,  if  possible,  the  savage 
in  his  untutored  wildness.  As  this  step  has  been  taken 
without  any  very  strong  inducement  on  their  part  as  far  as 
the  acquisition  of  wealth  was  concerned,  and  for  no  other 
reason  than  to  extend  wise  and  salutary  laws,  that  aid  and 
assistance  should  be  extended  which  they  may  require. 
So  far  but  little  has  been  done,  notwithstanding  repeated 


74  OREGON. 

applications  have  been  made  by  the  settlers.  They  have 
asked  for  protection,  but  no  answer  has  been  given.  They 
have  expressed  their  wants,  and  drawn  a  faithful  and  true 
picture  of  their  condition,  hoping  that  their  countrymen 
would  be  aroused,  their  sympathies  excited,  and  assistance 
rendered,  but  no  answer  has  been  given.  Exposed  to  de- 
predations that  are  frequently  committed,  they  have  no 
means  of  defence,  no  expectation  of  defence,  no  promise 
of  defence.  How  is  it,  therefore,  that  the  American  popu- 
lation of  this  territory  can  be  expected  to  increase  when 
no  interest  Is  felt  in  their  situation .''  We  should  be  truly 
thankful  to  them,  encouraging  them  in  their  bold  and  manly 
efforts,  and  make  known  our  gratitude  for  the  spirit  with 
which  they  have  advanced  the  cause  of  civilization ;  and  if 
it  so  happens  that  a  '^  standing^^  army  is  necessary  to  pro- 
tect their  lives  and  property  from  invasion,  it  should  be 
raised  without  delay,  for  we  can  never  be  too  tenacious  of 
our  rights  and  national  character.  i 

'•''■,;  '                                        ^  '        ■            ;-   '  .•    .    i .  ■ 

.'.-■■.  ^     '   ^    '       ■■               '  ■             ■;.:.■■■  ;--:•    -.,;/- 

'M^J     ..-'-.     V-        ■  ''                  '.        .     .           ■  .•      :                         '-i..  >■:-  -' 

. .                                  ■  '  •' ,            i.   \                       '/..-'■■,•■■■             '*  i .     :..'■ 

V  :■  ,1    •     .         ..■■:.    •..:    •        -■                    .,,       jf     ,;!;■: 

'   i,-- i],o-     •:•>   ■ '?    '  'ii''  a   '"■  "  '■  ' 


!%.        v;       CHAP.  V. 

TAc  value  and  importance  of  Oregon  to  the  United  States. 

We  are  very  sure  that  we  speak  the  opinion,  the  almost 
unanimous  opinion,  of  the  people  of  this  country,  when  we 
say  that  the  value  and  importance  of  this  splendid  terri- 
tory, as  large  again  as  France,  is  incalculable.  Its  value 
cannot  be  properly  estimated.  Its  extent  and  resources, 
the  character  of  the  soil,  and  its  admirable  locality  for 
commerce  and  trade  of  every  sort,  make  it  superior  to  any 
country  on  the  globe.  Look  to  its  vast  circumference, 
about  one  thousand  miles  in  length,  and  covering  a  surface 
of  four  hi  idred  thousand  square  miles,  its  vast  and  almost 
numberless  resources,  its  rivers,  harbors,  coasts,  and  cU- 
mate — every  convenience  and  every  facility  of  making  it 
adapted  to  any  purpose.  It  seems  very  remarkable  that 
we  should  hesitate  in  asserting  our  claims,  not  by  mere 
declaration,  that  will  not  do,  it  avails  nothing,  but  by  an 
absolute  possession.  Send  out  our  people,  with  all  their 
advantages  of  wealth,  industry,  and  intelligence,  plant 
fearlessly  the  American  standard,  defying  foreign  invasion, 
and  the  benefits  accruing  would  be  the  means  of  diffusing 
comforts  not  only  there,  but  the  effect  would  be  felt  and 
appreciated  throughout  the  continent.  England  sees  very 
well  the  advantages  resulting  from  the  acquisition  of  this 
territory ;  hence  it  is  she  is  so  unwilling  to  make  any  sur- 
render whatever.  She  is  always  prompt  in  finding  out 
first  where  the  jewel  lies^  and  has  fixed  upon  this  rich  pos- 
session as  an  important  addition  to  her  dominions,  and  is 
plying  all  her  intrigues  and  devices  to  wrest  it  from  us. 
Wherever  there  is  an  unclaimed  or  deserted  spot  upon  the 
earth^s  surface,  whether  it  be  productive  or  sterile,  it  mat- 
ters not  how  small  or  how  large  it  is,  or  what  its  advan- 


76  o  R  £  e>  o  N . 

tages  may  be,  she  is  the  first  to  pounce  upon  it,  like  a 
greedy  vulture,  and  to  retain  it  forever,  unless  compelled 
necessarily  to  relinquish  it.  Her  encroachments  become 
more  extended  with  the  time  of  her  possession.  Her  ap- 
petite for  territorial  aggrandizement  is  sharpened.  She 
wishes  to  add  to  her  treasury,  and  as  her  desire  is  grati- 
fied so  it  is  increased.  In  making  known  her  claims,  her 
voice  bX  first  is  weak  and  doubting.  She  procrastinates,  re- 
fusing to  legislate,  working  all  the  while  clandestinely,  and 
refusing  to  let  the  world  know  her  intentions,  until  at  last, 
when  she  sees  a  rightful  title  made  by  a  rightfid  people, 
she  flatly  but  falsely  asserts  that  we  are  trampling  upon 
what  is  hers,  and  that  our  desire  for  gain  is  only  equalled 
by  the  injustice  of  ^  ur  claims.  Should  the  value  of  Ore- 
gon be  but  small,  and  its  physical  advantages  compara- 
tively few,  she  would  long  since  have  yielded  to  the  un- 
questionable title  of  the  United  States  •,  ihe  controversy, 
if  any,  would  have  been  soon  ended;  and  seeing  the 
injustice  of  her  cause,  she  would  have  tamely  given  way 
to  the  superiority  of  claims.  But  it  is  now  reduced  to  a 
certainty  that  the  longer  the  delay  the  more  obstinate  will 
she  become.  But  to  the  subjtct.  The  chmate,  soil,  hunt- 
ing, and  fishing,  together  with  the  locality  of  this  territory, 
render  it  one  of  the  most  desirable  portions  of  the  new 
world.  All  the  explorers.  Cook,  Clark,  Pentlock,  and 
Vancouver,  represent  the  climate  as  being  mild  and  salu- 
brious.    Kotzebue  says : 

''On  the  30th  of  July,  a  long  tract  of  lowland  was 
covered  with  luxuriant  verdure,  the  climate  being,  from 
March  to  April,  in  latitude  49°  30,  infinitely  milder  than 
the  coast  of  America  under  the  same  latitude.  There  was 
no  frost  in  the  low  grounds,  and  vegetation  proceeded 
briskly ;  grass,  at  this  time,  was  upwards  of  p  foot  long. 
The  crops  are  frequently  watered  by  the  most  refreshing 


O  R  £  G  0  N .  77 

showers ;  the  seasons  are  regular,  and  there  is  nothing 
wanting  but  villages  and  hamlets  to  render  it  one  of  the 
most  beautiful  countries  in  creation.  Nature  has  done  her 
part.  The  ocean  teems  with  otter,  whale,  and  seal,  while 
the  mainland  abounds  in  every  variety  of  game,  and  the 
water  with  sturgeon,  salmon,  and  other  species  of  fish. 
The  multitudes  of  salmon  in  the  Oregon  are  innumerable, 
and  they  ascend  to  its  remotest  streams.  The  water  is  so 
clear,  that  they  may  be  seen  at  the  depth  of  fifteen  or 
twenty  feet,  and  so  abundant  are  they  at  certain  seasons, 
that,  in  the  scarcity  of  wood,  dried  fish  are  often  used  as 
fuel.  In  a  word,  that  great  and  beautiful  peninsula,  be- 
tween the  mouth  of  the  Columbia  and  the  entrance  of  De 
Fuca's  sti  ait,  enclosing  more  than  two-thirds  of  the  coun- 
try in  the  ocean  between  the  river  and  the  strait,  possesses 
advantages  for  occupation  by  a  civilized  nation  not  sur- 
passed by  those  of  any  other  country  in  the  world." 

The  occupation  of  this  country  by  Great  Britain  would 
certainly  be  very  desirable  to  her.  With  Oregon  and 
Canada  on  the  north,  in  what  would  our  defence  consist? 
Of  course  we  should  be  completely  blockaded.  We  should 
be  rivalled  in  many  of  our  staple  products,  in  tobacco  and 
cotton,  and  in  other  of  our  principal  productions ;  and  the 
competition  which  would  necessarily  exist,  would  cause  at 
once  a  depreciation  m  the  value  of  every  thing.  Our 
home  markets  would  be  seriously  disturbed,  and  we  should 
be  ever  surrounded  by  a  watchful  and  jealous  people,  am- 
bitious to  excel,  and  stooping  to  the  lowest  meanj  to  ac- 
comphsh  the  lowest  ends.  This  would  be  the  inevitable 
consequence,  in  ali  the  rival  products,  we  should  be  under- 
sold ;  and  those  articles  from  which  we  expected  a  hand- 
some revenue,  would  command  comparatively  nothing. 
Another  important  question  connected  with  ^imigration  is, 
that  the  necessaries  (those  which  are  bought  in  the  United 


T$  OREGON. 

States  at  almost  double  their  value)  can  be  purchas- 
ed in  Oregon  for  about  half  of  what  is  paid  here.     The 
price  of  groceries  are,  upon  a  general  average,  with  the 
States.    Loaf  sugar,  double-refined,  (the  very  finest  that 
can  be  made,)  is  worth  13  cents  per  pound ;  and  brown 
sugar,  12^  cents  per  pound.    Tea,  which  is  really  superior 
to  that  sold  in  the  United  States,  can  be  bought  for  80 
cents  per  pound.     China  is  but  a  short  distance  ofil,  and 
Wilkes  says,  "  that  it  is  lying,  as  it  were,  opposite  the  door 
of  the  Columbia  river."    Clothing  of  all  kinds  is  also  very 
cheap.     There  is  no  duty  paid,  and  consequently  woollens 
and  flannels  can  be  sold  at  a  lower  rate  than  what  is  paid 
here.    Very  good  strong  blue  cloth,  six-quarters  wide,  can 
be  had  for  ^1  25  per  yard.    A  very  neat  cloth  roundabout 
comes  at  ^4  37^ ;  pantaloons  at  ^5.     Neat  cotton  shirts 
are  worth  83  cents ;  Mackinaw  blankets  of  superior  qual- 
ity, ^3  50  each.    All  articles  of  cutlery  are  cheap,  for  the 
same  reason  that  other  articles   are   so.     Calicoes  and 
cottons  are  rather  higher,  and  sell  for  about  the  same  as 
in  the  States.     Iron  is  worth  10  cents  per  pound ;  gun- 
powder, 25  cents ;  lead,  12^  cents,  and  shot  the  same. 
Boots  and  shoes  are  yet  very  high ;  and  crockery  of  ail 
descriptions  command  a  large  price.     Tools  and  farming 
utensils  are  very  reasonable.     The  best  Cary  ploughs  can 
be  bought,  to  order,  from  an  excellent  blacksmith,  h..  31  :| 
cents  per  pound.     Wheat  sells  easily  for  $1  per  bushel ; 
potatoes,  40  cents ;  fr  sh  p  rk,  10  cents,  and  fresh  beef, 
6  cents  per  pound.    Ameri«.an  cows,  from  the  scarcity  of 
them,  bring  from  $50  to  $75 ;  and  Spanish,  from  $30  to 
$40;  oxen,  from  $75  to  $125  per  yoke  ;  American  horses, 
from  $50  to  $75  each.    There  is  an  abundance  of  poultry 
in  this  country,  and  a  plentiful  supply  of  the  two  classes 
of  domestic  animals,  known  by  the  familiar  names  of  "cats 
and  dogs  ;*'  but  still  it  is  advisable  for  every  emigrant  to 


OREGON.  79 

bring  dogs  willi  him  that  are  of  a  good  breed.  In  a  coun- 
try where  so  much  game  abounds,  and  where  there  are 
herds  to  watch,  thry  are  very  useful. 

The  goods  sold  at  Vancouver  are  of  a  superior  quality, 
and  the  purchaser,  in  this  region  of  honesty  and  enterprise, 
receives  them  on  a  credit  of  twelve  months ;  so  that  the 
greatest  obstacle  to  the  poor,  worn-down  emigrant,  after  his 
arrival,  vanishes  at  once.  "  This  is  a  country  of  peace 
and  good- will ;  every  new  comer  is  received  as  a  brother ; 
the  poor  man's  wealth  lies  in  his  arms ;  and  the  spirit  and 
industry  that  brought  him  here  to  claim,  by  his  labor, 
Heaven's  just  gifts  in  the  richness  of  the  soil,  is  accepted 
as  the  substantial  guaranty  of  his  good  faith.  The  utmost 
honesty  and  liberality  characterizes  the  dealings  of  the  na- 
tives with  strangers,  and  even  with  residents.  If  your  cir- 
cumstances are  adverse,  and  you  are  not  able  to  pay  for 
last  year's  dealing,  you  are  required  to  give  your  note, 
drawing  interest  at  five  per  cent."  The  course  of  the  Co 
lumbia  river,  and  nearly  all  its  tributaries,  lead  to  the  most 
valuable  and  fertile  portions  of  the  territory.  The  course 
of  the  Columbia  is  nearly  due  west  and  east.  In  the  farther 
valley  of  the  Oregon,  betw  een  the  Blue  and  Rocky  moun- 
tains, a  barren  waste  presents  itself  to  the  eye  of  the  wea- 
ried traveller — rocks  lieaped  upon  rocks  in  the  wildest 
confusion,  and  fearful  precipices  every  hundred  yards,  for 
miles.  In  this  sectioii  of  the  country,  the  soil  is  seldom 
refreshed  with  showers.  Sometimes  weeks,  and  even 
months,  pass,  without  a  drop  of  rain ;  consequently  vege- 
tation suffers  extremely;  every  thing  is  parched  and  dried 
up,  and  often  dies  for  the  want  of  moisture.  At  this  place^ 
and  in  the  vicinity,  the  cold  is  so  intense  as  often  to  freeze 
the  earth,  the  ^jroducts  of  which  are  entirely  destroyed. 
Agriculture  and  industry  are  necessarily  palsied,  and  tut 
little  is  done  by  the  inhabitants  to  till  the  soil.     This  region 


$0  OREGON. 

as  nia}  oe  supposed,  is  but  little  sought  by  civilized  man; 
its  climate,  location,  and  all  its  advantages,  have  been  for 
many  years  the  abode  of  the  lawless  and- uncivilized.  An 
opportunity  is  allowed  to  the  settlers  in  this  region  to  com- 
mit all  kinds  of  depredations ;  yet  there  are  many  scenes 
connected  with  this  extended  landscape,  which  renders 
the  scene  at  times  truly  beautiful.  Nature  has  done  much 
to  adorn  the  earth,  and  her  bounties  are  spread  around  for 
miles  in  the  richest  profusion.  Washington  Irving,  with 
his  accustomed  beauty  of  style  and  diction,  thus  describes 
it:  "The  monotony  of  these  immense  landscapes  would 
be  as  wearisome  as  that  of  the  ocean,  were  it  not  relieved, 
in  some  degree,  by  the  purity  and  elasticity  of  the  atmo- 
sphere, and  the  splendor  of  the  heavens.  The  sky  has 
that  delicious  blue,  for  which  the  sky  of  Italy  is  renowned. 
The  sun  shines  with  a  pure  splendor,  unobscured  by  any 
cloud  or  vapor ;  and  star-light  in  the  prairie  is  glorious." 
The  extreme  valley  in  the  west  is  by  far  the  richest  agri- 
cultural region  in  that  whole  section  of  countrj.  It  ex- 
tends far  from  the  straits  of  De  Fuca,  to  the  placid  and 
beautiful  waters  of  the  Umpagna  river;  but  about  one  hun- 
dred miles  south  of  the  Columbia,  the  most  luxuriant  and 
beautiful  pastures  may  be  found,  upon  which  herds  ot 
cattle  g.re  continually  feeding.  In  this  splendid  valley  of 
ab'^Mt  forty-five  thousand  square  miles,  the  land,  in  many 
places,  is  as  productive  as  the  river  grounds,  as  they  are 
termed,  which  is  very  well  adapted  to  the  growth  of  wheat ; 
and  immediately  below  there  is  a  magnificent  valley,  per- 
fectly level,  1000  feet  in  width,  and  fifteen  or  twenty  miles 
in  length,  presenting  a  field  to  the  industrious  and  enter- 
prising noL  to  be  met  with  in  our  country.  Here,  if  any 
where,  must  be  the  seat  of  empire,  population,  and  wealth, 
while  the  neighboring  region  remains  in  a  state  r\f  irre- 
claimable wilderness.     The  climate  is  healthy,  mild,  and 


O  R  E  G  0  I«  .  81 

salubrious ;  and  the  thermometer  in  the  summer  seldom 
ranges  higher  than  80° ;  while  the  most  refreshing  air  is  con- 
stantly stirring.  The  winters,  it  is  true,  are  quite  severe- 
some  more  so  than  others ;  and  the  rain  commences  in 
October,  and  prevails  till  April.  They  are  often  very  vio 
lent ;  but  seldom  prevent  the  inhabitants  from  carrying  on 
their  daily  business.  Storms  sometimes  occur  which  baffles 
all  description.  Hear  what  Washington  Irving  says  of 
them :  "  The  sun  is  obscured  sometimes  for  weeks,  the 
brooks  swell  with  roaming  torrents,  and  the  country  is 
threatened  with  a  deluge.  But  these  things  soon  pass 
away,  and  the  sun  again  smiles  upon  the  earth  with  in- 
creased brilliancy."  The  inhabitants  of  this  region  are 
hardy  and  industrious,  and  capable  of  enduring  the  severest 
fatigue.  They  amuse  themselves  in  various  ways,  such  as 
hunting,  fishing,  boxing,  and  very  often  large  parties  as- 
semble, who  remain  together  for  days,  enjoying  themselves 
as  they  can. 

North  and  northwest  of  the  Columbia,  to  the  56°  of  lati- 
tude, is  the  New  Caledonia  of  British  traders.  This  sec- 
tion is  exceedingly  sterile  and  unproductive;  so  much  so, 
that  not  even  the  most  common  natural  growth  has  yet  ap- 
peared. The  chief  water  course  is  Eraser's  river,  a  stream 
of  considerable  length  and  breadth,  emptying  into  the 
straits  of  Fuca.  Strange  to  say,  not  even  the  banks  of  this 
river  are  at  all  fertile,  or  even  fit  for  grazing ;  however, 
they  very  well  compare  with  the  surrounding  country,  not 
an  acre  of  which,  in  a  circumference  of  fifteen  miles,  is 
worthy  of  tillage,  in  truth,  these  lands  have  been  very 
often  tested,  for  the  purpose  of  seeing  to  what  growth 
tLey  were  best  adapted ;  but  no  one  has,  as  yet,  ever  pre- 
tended to  cultivate  them.  It  would  be  supposed  that  the 
various  individuals  whf"  have  endeavored,  by  various  means, 
to  reclaim  them,  and  introduce   a  system  of  cultivation 


82  OREGON. 

and  improvement  similar  to  that  whicli  is  practised  on 
the  banks  of  the  Columbia,  would  give  rise  to  disputes  and 
difficulties  with  those  who  claim  a  right  to  this  particular 
section;  but  it  appears  that  all  Hve  on  terms  of  peace 
and  friendship,  and  disputes  but  seldom  occur  with  the 
settlers.  After  the  resolutions  of  the  Emigrating  Society 
passed,  on  which  occasion  Dumbarton  acted  so  distin- 
guished a  part,  insisting,  with  all  the  powers  of  his  sound 
logic  and  eloquence,  on  the  adoption  of  the  commercial 
laws  of  Missouri  and  Tennessee,  for  the  future  govern- 
ment, there  has  nothing  occurred  calculated,  in  the  slight- 
est degree,  to  disturb  the  harmony  and  mutual  good  feeling 
which  all  aid  in  cherishing  and  preserving.  The  resolu- 
tions adopted  by  that  noted  meeting,  presenting  a  free  and 
intrepid  body  of  resolute  men,  determined  to  establish 
their  own  rules  of  action  peculiar  to  themselves,  and 
adapted  to  their  own  views  and  wants,  are  well  calculated 
to  prove  man^s  capacity  for  self  governiLent ;  having  the 
means  within  his  reach,  should  he  be  willing  to  adopt 
those  means,  of  placing  himself  on  an  equality,  both  moral 
and  civil,  with  the  most  favored  nations  of  the  world, 
they  came  to  this  determination,  and  though  many  objec- 
tions were  urged,  and  arguments  employed,  to  dissuade 
those  who  designed  carrying  out  the  plan,  some  contend- 
ing that  the  laws  of  the  United  States  would  be  soon  in- 
troduced, others  that  no  government  was  best,  yet  they 
would  not  be  stifled ;  and  met  together  in  convention,  like 
the  great  framers  of  our  constitution,  to  introduce  their 
own  views  of  government,  and  pass  their  own  laws.  They 
mean,  if  possible,  to  establish  a  representative  form  of  gov- 
ernment. It  is  very  certain  that  the  rights  of  the  individ 
ual  do  not  grow  out  of  any  conventional  agreement-  by 
which  those  rights  are  recognised  and  created ;  for  the 
gredt  leading  principles  of  human  conduct,  on  which  those 


OREGON.  83 

rights  chieriy  depend,  came  into  existence  with  man.  De- 
stroy man,  and  of  course  rights  cease  to  exist;  but  as  long 
as  he  exists,  or  as  long  as  government  exists,  rights  must 
prevail  and  be  acted  upon.  This  point  was  duly  considered 
by  the  law-makers  of  Oregon.  They  had  sagacity  enough 
to  know  the  ends  for  which  governments  were  instituted, 
the  effect  that  would  be  produced  from  the  maintenance  of 
these  rights,  and  they  wisely  concluded  that  it  would  be 
better  to  organize  and  establish  for  themselves  a  civil  code. 
They  plainly  saw  that  society  can  exercise  no  privileges 
which  do  not  proceed  from  the  individuals  forming  that  so- 
ciety. Modifications,  forms,  phazes  may  exist;  but  all  at  last 
grow  out  of  the  inherent,  inalienable  rights  of  man — ^''life, 
liberty,  and  the  pursuit  of  happiness ;"  and  whatever  inter- 
poses or  thwarts  these,  interposes  a  barrier — fixes  a  gulf 
between  individuals,  and  establishes  classes  which  conflict 
directly  with  the  right  of  self-government. 

The  resolutions  which  were  adopted  by  this  convention 
are  so  excellent  in  their  character,  and  so  well  calculated 
to  advance  the  prosperity  of  the  country  and  the  happiness 
of  the  people,  that  we  beg  leave  to  present  them  to  our 
readers,  as  taken  from  the  admirable  work  of  Lieut.  Wilkes : 

Resolutions  of  the  Oregon  EmigrcUing  Society. 

Resolved^  whereas,  we  deem  it  necessary,  for  the  gov- 
ernment of  all  societies,  either  civil  or  military,  to  adopt 
certain  rules  and  regulations  for  their  government,  for  the 
purpose  of  keeping  good  order  and  promoting  civil  and 
military  discipline,  therefore,  in  order  to  increase  or  insure 
safety,  we  adopt  the  following  rules  and  regulations  for  the 
government  of  said  company :  .  ^    j:;S 

Rule  1st.  Every  male  person  of  the  age  of  sixteen  or 
upwards  shall  be  considered  a  legal  voter  in  all  the  aflairs 
regulating  the  company.     '*" 


84  OREGON. 

Rule  Id.  There  shall  be  nhie  men  elected  by  a  majority 
of  the  company,  who  shall  form  a  council,  whose  duty  it 
shall  be  to  settle  all  disputes  arising  between  individuals, 
and  to  try,  and  pass  sentence  on  all  persons  for  any  act  of 
which  they  may  be  guilty,  which  is  subversive  of  good  or- 
der and  military  discipline.  They  shall  take  special  cog- 
nisance of  sentinels  and  members  of  the  guard  who  may 
be  guilty  of  neglect  of  duty,  or  of  sleeping  on  their  posts. 
Such  persons  shall  be  tried,  and  sentence  passed  on  them 
at  the  discretion  of  council.  A  majority  of  two-thirds  of 
the  council  shall  decide  all  questions,  subject  to  the  ap- 
proval or  disapproval  of  the  captain.  If  the  captain  dis' 
approve  of  the  decision  of  the  council,  he  shall  state  to 
them  his  reasons ;  when  they  shall  again  pass  upon  the 
question,  and  if  the  decision  is  made  again  by  the  same 
body,  it  shall  be  final. 

Rule  3d.  There  shall  be  a  captain  elected,  who  shall  have 
supreme  military  command  of  the  company.  It  shall  be 
the  duty  of  the  captain  to  maintain  good  order  and  strict 
discipline,  and,  as  far  as  practicable,  to  enforce  all  rules 
and  regulations  adopted  by  the  company.  Any  man  who 
shall  be  guilty  of  disobeying  orders,  shall  be  tried,  and  sen- 
tenced at  the  discretion  of  the  council,  which  may  extend 
to  expulsion  from  the  company.  The  captain  shall  ap- 
point the  requisite  number  of  duty-sergeants,  one  of  whom 
shall  take  charge  of  every  guard,  and  who  shaH  hold  their 
offices  at  the  pleasure  of  the  captain. 

Rule  4th.  There  shall  be  an  orderly  sergeant  elected  by 
the  company,  whose  duty  it  shall  be  to  keep  a  regular  roll, 
arranged  in  alphabetical  order,  on  every  subject,  to  guard 
duly  the  company,  and  shall  make  out  his  guard  details  by 
commencing  at  the  top  of  the  roll  and  proceeding  to  the 
bottom ;  thus  giving  every  man  an  equal  term  of  guard 
duty.     He  shall  also  parade  every  guard,  call  the  roll,  and 


OREGON.  85 

inspect  the  time  of  mounting.  He  shall  also  visit  the  guard 
at  least  once  every  night,  and  see  that  they  are  doing  strict 
military  duty,  and  may,  at  any  time,  give  them  the  neces- 
sary instructions  respecting  their  duty,  and  shall  regularly 
make  report  to  the  captain  every  morning,  and  be  consid- 
ered second  in  command. 

Rule  5th.  The  captain,  orderly  sergeant,  and  members 
of  the  council  shall  hold  their  offices  at  the  pleasure  of  the 
company.  And  it  shall  be  the  duty  of  the  council,  upon 
the  application  of  one-third  or  more  of  the  company,  to  or- 
der a  new  election  for  either  captain,  orderly  sergeant,  or 
new  member  or  members  of  the  council,  or  for  all  or  any 
of  them,  as  the  case  may  be. 

Rule  6th.  The  election  for  officers  shall  not  take  place 
until  the  company  meet  at  Kansas  river. 

Rule  7th.  No  family  shall  be  allowed  to  take  more  than 
three  loose  cattle  to  every  male  member  of  the  age  of  six- 
teen or  upwards. 

It  is  needless  to  state  that  many  of  these  remarkable 
resolutions  were  considered  a  "dead  letter,"  as  laws  fre- 
quently are,  from  the  time  of  their  adoption.  However, 
they  answered  all  the  ends  for  which  they  were  intended ; 
and  those  who  had  been  most  prominent  in  effecting  their 
passage  assumed  an  air  of  dignified  satisfaction  which  ap- 
peared as  though  they  had  taken  part  in  a  proceeding  lit- 
tle short  in  importance  to  the  declaration  of  American  in- 
dependence. From  that  time  forward  perfect  order  and 
good  will  prevailed  in  the  colony,  each  man  contributed 
to  the  good  order  of  the  body,  and  serious  difficulties  but 
rarely  occurred.  The  government  that  was  estabhshed 
suited  the  wants  and  conditions  of  all,  and  a  spirit  now 
prevails  calculated,  in  the  course  of  time,  to  render  the  ter- 
ritory one  of  the  most  desirable  portions  of  the  new  world. 
Already  the  people  have  been  considering  the  propriety  of 


86  OREGON. 

forming  themselves  into  societies  for  the  purpose  of  ad- 
vancing  their  social  relations,  as  will  be  seen  from  a  letter 
dated  Wallamette,  November  1st,  1844;  which,  from  its 
astonishing  character  and  true  republicanism,  cannot  fail 
to  interest  all  who  read  it. 

Wallamette,  JVovember  4,  1844. 

Sir:  The  Hudson  Bay  ship  Columbia,  sailing  in  a  few 
days,  via  the  Sandwich  Islands,  for  England,  by  the  polite- 
ness of  her  owners,  I  have  the  honor  of  again  addressing 
you,  and  certainly  under  circumstances  the  most  favorable 
and  gratifying.  Since  my  last,  forwarded  in  March,  aside 
from  two  or  three  incidents  of  an  unpleasant  nature,  the 
colony  and  country  has  been  in  a  state  of  unusual  quiet- 
ness, and  the  season  has  been  one  of  great  prosperity. 
The  legislative  body,  composed  of  nine  members,  met 
on  the  24th  of  May  at  the  falls  of  the  Wallamette,  and 
closed  their  short,  but  effective,  session  in  nine  days,  hav- 
ing passed,  in  due  form,  twenty-Jive  biUs,  most  of  which 
were  of  importance  to  us  in  the  regulation  of  our  inter- 
course. A  few  of  these  laws  I  transmit  to  you ;  and 
would  here  remark,  that  the  taxes  v/ere  in  general  cheer- 
fully paid.  The  liquor  bill  is  popular,  and  the  laws  of  Or- 
egon are  honored.  The  liquor  act  not  coming  in  force 
under  sixty  days  from  its  passage,  a  few  individuals  having 
clandestinely  prepared  before  its  passage,  improved  this 
favored  moment  to  dispose  of  all  they  could  with  any 
hopes  of  safety.  Of  this  I  was  immediately  notified,  and 
hastened  in  from  the  Palatine  Plains.  All  the  mischief,  as 
heretofore,  being  done  in  and  about  the  town  at  the  falls 
of  the  Wallamette.  I  resolved,  at  whatever  danger  or  cost, 
to  nip  this  in  the  bud.  I  procured  the  call  of  a  public  meet- 
ing at  once,  and  had  the  happiness  to  receive  the  following 
expression  from  all  concerned,  but  one : 


OREGON.  87 

Besohed^  That  it  be  the  sense  of  this  meeting  that  Dr. 
White,  in  his  official  relations,  take  such  assistance  as  he 
may  require,  and  forthwith  search  out  and  destroy  all  in- 
toxicating hquor  that  may  be  found  in  this  vicinity  or  dis- 
trict of  country.     P.  G.  Steward,  executive  chairman,  and 
John  P.  Long,  M.  D.,  secretary,  started,  with  ten  volun- 
teers, early  the  ensuing  morning,  and  found  the  distillery 
in  a  deep,  dense  thicket,  eleven  miles  from  town,  at  three 
o^clock,  P.  M.     The  boiler  was  a  large-sized  potash  ket- 
tle, and  all  the  apparatus  well  accorded.     Two  hogsheads 
and  eight  barrels  of  slush,  or  beer,  were  standing  ready  for 
distillation,  with  part  of  one  barrel  of  molasses.  No  liquor 
was  to  be  found,  nor  as  yet  had  much  been  distilled.  Hav- 
ing resolved  on  my  course,  I  left  no  time  for  reflection,  but 
at  once  upset  the  nearest  oask,  when  my  noble  volunteers 
immediately  seconded  my  measures,  making  a  river  of  beer 
in  a  moment.     Nor  did  we  stop  until  the  kettle  was  raised 
and  elevated  in  triumph  at  the  prow  of  our  boat;  and 
every  cask,  with  all  the  distillery  apparatus,  was  broken  to 
pieces,  and  utterly  destroyed.     We  then  returned,  in  high 
cheer,  to  the  town,  where  our  presence  and  report  gave 
general  joy.     Two  hours  after  my  arrival,  I  received  from 
James  Conner,  one  of  the  owners,  a  written  challenge  for 
a  bloody  combat,  which  ended  last  week  in  his  being  in- 
dicted before  the  grand  jury,  fined  five  hundred  dollars,  and 
disfranchised  for  life.     Six  weeks   since,  an  unhappy  af- 
fray occurring  between  one  Joel  Turnham,  late  from  Mis- 
souri, and  Webley  Haixhaust,  of  Wallamette,  and  serious 
threats  passing  from  the  former,  a  warrant  was  issued,  and 
Turnham  resisting  with  a  deadly  weapon,  was  shot  down 
by  the  officer,  for  which  he  comes  before  the  grand  jury 
to-morrow.    Turnham  expired  at  once,  being  shot  with 
three  mortal  wounds  through  the  neck  and  head,  but,  with 
singular  desperation,  fought  and  resisted  to  the  last.     So 


88  OREGON. 

far  as  I  understand  the  public  expression,  all  unite  in  ac- 
quitting the  officer,  who  has  ever  been  a  harmless,  quiet, 
good  citizen ;  while  Turnham  was  regarded  a  most  des- 
perate and  dangerous  character  abroad,  having  left  Mis- 
souri under  circumstances  the  most  unfavorable  to  his  rep- 
utation and  quiet  here,  where  he  has  been  particularly  sour, 
irritable,  and  quarrelsome ;  and  was  the  more  obnoxious 
as  he  was  reported  brave,  and  generally  too  stout  for  his 
antagonist  embraced  in  the  circuit  of  five  counties.  I  have 
not  seen  in  any  county  such  uniform  decorum  and  quiet- 
ness as  has  prevailed  throughout  at  these  courts.  Much 
of  this  mildness,  sobriety,  and  good  order  is  doubtless  at- 
tributed to  the  absence  of  all  intoxicating  drinks.  The 
laws  of  this  country,  framed  to  meet  present  circumstances, 
are  taking  deeper  and  stronger  root  continually ;  and  some 
are  already  suggesting,  notwithstanding  our  infancy,  wheth- 
er, if  long  left  without  a  mother  protection,  it  will  not  be 
well  to  undertake  to  run  alone.  The  resources  of  the 
country  are  rapidly  developing,  and  the  expectations  of  the 
people  are  generally  high.  The  mildness  of  the  climate  and 
the  strength  of  the  soil  greatly  encouraged  the  large  emi- 
gration of  last  year.  For  the  last  twelve  months  the  mer- 
cury has  ranged  from  96  to  30 ;  four-fifths  of  the  time  from 
80  to  55,  making  an  agreeable  summer  and  mild  winter. 
Grazing  has  been  good  throughout,  so  much  so,  that  the 
jaded  and  worn-down  animals  of  the  poor  emigrants  fat- 
tened up,  greatly  to  their  surprise,  before  spring,  without 
feeding  or  the  least  attention.  Crops  of  all  kinds  were  un- 
usually good,  and  even  Indian  corn.  Cheerfulness  pre- 
vails since  harvesting.  As  statements  have  been  made  to 
the  south  derogatory  to  our  soil,  allow  me  to  say,  it  is  be- 
lieved, with  the  same  cultivation,  no  country  produces  bet- 
ter wheat,  oats,  peas,  potatoes,  or  any  other  crop,  save  In- 
dian com,  for  which  the  nights  are  too  cool  for  a  heavy 


OREGON.  BP 

growth.  The  wheat  crops,  being  never  impaired  by  the 
frosts'  of  winter  or  rains  of  summer,  as  in  the  States,  are 
remarkably  sure ;  nor,  as  yet,  have  our  crops  been  disturb- 
ed by  flies  or  insects.  Wheat  crops  are  heavy,  as  you  will 
judge,  when  I  assure  you,  from  simply  turning  over  the 
prairie,  scattering  the  seed  in  October,  and  then,  with  no 
further  trouble,  passing  the  harrow  over  it,  ten  acres  upon 
my  plantation  grew  five  hundred  and  forty-one  bushels 
and  a  half  The  river  flats,  containing  much  alluvial  de- 
posite,  are  very  rich,  the  plains  beautiful  and  verdant,  being 
admirably  watered,  but  generally  sparsely  timbered ;  the 
highlands  well  timbered  and  watered  in  many  parts,  and 
producing  herbage,  fir,  an  abundance  of  deer,  elk,  moun- 
tain sheep,  &c.  The  entire  Wallamette  and  Umpqua  vil- 
lages, capable  of  containing  a  population  of  several  mil- 
lions, it  is  generally  believed,  cannot  be  excelled  as  a 
whole  for  richness  of  soil,  variety,  grandeur,  and  beauty  of 
scenery.  Nor,  considering  the  latitude,  can  it  be  equalled 
in  mildness  and  agreeableness  of  chmate.  Our  exports 
are  wheat,  beans,  and  salmon,  for  which,  in  return,  we  ob- 
tain from  the  Sandwich  Islands  sugar,  molasses,  tea,  cof- 
fee, and  other  commodities,  brought  there  from  China, 
England,  and  America. 

We  are  much  in  want  of  a  currency  and  market ;  Amer- 
ican merchants  being  as  yet  a  slender  reliance,  £.nd  in  view 
of  the  large  emigrating  parties  of  each  year,  we  should  be 
greatly  distressed  for  necessary  articles  of  wearing  appa- 
rel, but  for  the  most  commendable  spirit  of  accommoda- 
tion on  the  part  of  the  Hudson  Bay  Company.  Could 
some  arrangement  be  entered  into  for  us  to  supply  the 
navy  of  the  Pacific  with  bread,  beef,  pork,  and  fish,  we 
would  be  thereby  much  improved  in  our  condition.  This 
might,  and  perhaps  ought,  to  be  done,  in  view  of  the  en- 
couragements held  out  for  our  people  to  emigrate  to  this 


90  OREGON. 

country.  Should  it  not  be  convenient  for  our  ships  of  war 
to  come  to  the  Columbia  for  such  supplies,  they  could  be 
supplied  or  shipped  to  the  Sandwich  Islands  if  required. 
But  more  of  this  another  time. 

Having  just  taken  the  tour  of  the  colony,  for  the  pur- 
pose of  attending  the  courts  and  visiting  the  schools,  it  af- 
fords me  pleasure  to  say,  I  felt  amply  rewarded  through- 
out. I  found  health,  cheerfulness,  and  prosperity,  and  cer- 
tainly most  surprising  improvements  for  the  short  time 
sirice  they  commenced.  The  decorum  of  the  courts  I  have 
spoken  of,  and  now  have  only  to  speak  of  the  schools  and 
Indians,  and  I  am  done ;  fearing  I  have  already  wearied 
your  patience.  For  the  want  of  means,  the  Methodist 
Manual  Labor  Indian  School  has  been  recently  broken 
up,  and  is  now  occupied  as  a  boarding-school  for  white 
children  of  both  sexes.  The  school  is  yet  small,  but  very 
well  conducted,  and  promises  usefulness  to  the  colony. 
The  schools  at  the  falls  of  the  Wallamette  and  Falatine 
Plains  are  likewise  under  the  direction  of  Mr.  Blanchette, 
Catholic  clergyman,  and  are  all  small,  numbering  from  fif- 
teen to  thirty  only,  but  are  well  kept  and  doing  good.  I 
feel  solicitous  on  this  subject,  and  am  saying  and  doing 
what  I  can  to  encourage  education ;  but,  like  all  other  new 
countries,  the  people  need  their  children  much  at  home." 

It  will  be  perceived,  from  the  annexed  letter,  that  stren- 
uous but  successful  efforts  have  been  used  to  remove  the 
distilleries  in  Oregon,  and  that  many  of  the  citizens  were 
actually  compelled,  vi  et  armis,  to  destroy  the  principal 
distillery  in  a  certain  section  of  the  country  which  was 
spreading  mischief  and  distress  for  miles  around.  The 
people,  or  a  majority  of  them,  were  fast  becoming  bnital- 
ized  with  the  use  of  this  destroyer.  It  was  introduced  at 
all  times  and  on  all  occasions.  Men,  women,  and  children ; 
the  young  maiden,  in  all  the  freshness  of  her  early  days ; 


OREGON.  91 

and  the  young  m^n,  in  all  the  strength  and  vigor  of  man- 
hood, became  a  prey  to  its  several  ills.  At  midnight,  in 
the  morning,  and  at  noon,  might  be  seen  whole  families  in 
groups  almost  insensible  from  the  quantity  of  spirit  drank. 
A  few  were  left,  however,  as  spectators  to  the  scene. 
They  saw  the  progressive  power  of  this  fell  monster,  and 
affectionately  remonstrated.  But  intemperance  heeds  not 
remonstrances.  It  continued  to  exist,  to  the  alarm  of  the 
more  sober  and  reflecting.  Persuasion  would  not  do.  It 
exerted  no  check,  had  no  beneficial  influence.  Appeals, 
solemn  and  powerful,  to  the  sober  sense  of  the  people,  did 
not  arrest  or  even  impede  the  progress  of  this  resistless 
tide.  The  hard  drinker  was  taken  from  his  besotted  com- 
panions and  implored,  for  his  own  sake,  to  'Haste  nor 
touch  not."  Letters  were  written,  speeches  made,  all  to 
no  eflect,  until  this  admirable  plan,  a  sovereign  panacea, 
was  fallen  upon  by  Steward  and  Long.  The  idea  had  been 
long  under  serious  consideration,  and,  in  the  event  of  any 
opposition,  to  adopt  these  means  which  would  put  an  end 
to  the  use  of  ardent  spirits.  The  subject  had  been  tho- 
roughly discussed  by  many  of  the  most  influential  men  in 
the  territory.  They  had  observed  with  mortification  the 
progress  that  intemperance  was  making  in  the  thickly  set- 
tled neighborhoods,  and  saw  to  their  horror  the  effect 
that  it  was  producing,  and  was  calculated  to  produce,  on 
the  laboring  and  business  portions  of  the  inhabitants. 
Their  stern  will  to  check  this  inordinate  and  unnatural  de- 
sire could  not  be  swayed,  and  they  at  once  destroyed  this 
distillery,  which  brought  about  a  happy  state  of  afiairs. 
At  first,  while  the  scheme  was  in  embryo,  the  excitement 
and  indignation  was  very  great  with  the  hard  drinkers,  and 
particularly  with  those  who  had  derived  immediate  profit 
from  the  sale  of  Hquor.  They  spoke  of  mobs,  tarring  and 
feathering  the  offenders,  and  other  harsh  means  of  redress 


9^  OREOO  Pf. 

were  suggested ;  but  their  senses  soon  returned  to  thenr^ 
^^reason  took  her  seat,^^  and  a  drunken  man  is  now  rarely  seen, 
where  hundreds  were  in  the  habit  of  assembling.  These 
very  men  are  now  probably  as  useful  as  any  members  of 
society,  and  are  engaged  in  writing  letters  to  their  friends, 
and  exerting  their  warmest  endeavors  to  induce  the  poor 
man  to  emigrate.  They  speak  of  Oregon  as  a  country  of 
immense  value  to  the  United  States ;  and  it  is  very  certain 
that  it  is  not  appreciated  as  such  by  the  American  people. 
Look  at  its  admirable  locality.  Its  extreme  northwest 
is  bounded  by  the  Pacific,  extending  some  thousand  miles 
along  its  coast,  admitting  the  largest  and  finest  vessels  of 
the  first  class  and  vessels  of  merchandise.  Storms  ofi*  this 
coast  are  very  frequent,  sweeping  every  thing  before  them, 
but  when  these  harbors  are  seen,  they  always  offer  a  safe 
protection,  easy  of  access.  They  are  so  situated  as  to  be 
approached  from  any  point,  save  from  a  northeasterly  di- 
rection from  the  mouth,  where  there  are  a  number  of  sand 
banks ;  it  so  happens,  however,  that  no  vessel  in  distress  is 
ever  excluded.  The  principal  harbors  on  the  coast  are 
Canovered  Bay,  Clark's  Point,  Whitby's  Bay,  Point  Green- 
ville, Port  Discovery,  and  Breaker  Point.  The  Columbia 
river  is  also  considered  u  safe  harbor,  and  is  much  resort- 
ed to  in  bad  weather ;  its  course  runs  south,  nearly  to  the 
46th  degree,  and  then  takes  a  northerly  directicn  as  far  as 
46|  degrees ;  as  it  advances  into  the  interior  of  the  coun- 
try the  stream  is  of  course  less  wide^  dividing  itself  into 
small  tributaries,  which  water  :.oarly  the  whole  interior  of 
the  country  west  of  the  Rocky  Mountains.  Clark's  river 
is  quite  an  important  branch.  It  runs  from  a  small  lake, 
called  Pondery,  in  the  neighborhood  near  which  live  the 
Flat  Bon  Indians.  To  this  river  belongs  several  small 
streams,  which,  after  passing  through  a  fine  section  of 
country,  empty  into  the  Columbia,  not  very  far  firom  its 


OREGON.  93 

sound.  There  are  several  forts  in  this  part  of  the  territory, 
Fort  Vancouver,  Fort  Wallawalla,  and  another  small  fort, 
to  which  as  yet  no  name  has  been  given.  £ast  of  the 
Rocky  Mountains  there  is  a  fertile  and  valuable  region  of 
country,  which  has  been  for  several  years  in  active  culti- 
vation, and  the  product  uncommonly  good.  This  immedi- 
ate section  is  less  rocky,  and  better  adapted  to  the  growth 
of  corn  and  peas  than  that  which  is  adjacent;  hence  the 
population  is  larger  and  the  people  more  industrious. 
They  are  provided  with  all  the  necessary  implements  of 
husbandry,  and  have  succeeded,  for  several  years  past,  ad- 
mirably well  with  their  crops ;  commanding  at  all  times  a 
good  price  for  their  grain,  and  meeting  with  a  ready  market. 
This  portion  of  the  country  is  of  immense  value  to  the 
United  States — it  is  valuable  for  its  location  and  natural 
advantages — for  the  richness  of  the  soil — so  easy  of  access, 
and  for  its  contiguity  to  the  principal  villages.  Considered 
as  a  boundary,  the  portion  from  the  Mississippi  to  the 
Rocky  Mountains  is  indispensable ;  we  should  insist  upon 
having  it,  and  any  opposition  ought  to  be  resisted.  It 
is  worse  than  folly  for  England  to  contend  for  the  por- 
tion lying  between  Red  Lake  in  the  north  and  Fort 
Dominee  in  the  south ;  it  is  a  very  short  distance  from  the 
boundary  of  Arkansas,  separated  only  by  the  Mississip- 
pi river,  which  proves  at  once  that  the  same  divine  hand 
that  made  land  and  sea,  and  saw  '•'•  that  they  were  good,'^ 
intended  that  this  portion  of  the  Oregon  should  be  a  part 
and  parcel  of  the  United  States;  to  surrender  it  would  ac- 
knowledge at  once  that  our  title  was  spurious,  and  was  not 
sufficient  to  sustain  us  in  asserting  our  right.  What  would 
be  the  situation  of  our  towns  and  villages  bordering  on 
the  Mississippi,  should  they  be  separated  by  British  pos. 
sessions,  only  by  a  narrow  stream,  about  half  of  a  mile  in 
width?    What  would  be  the  existing  relations  between 


94  o  R  E  o  0  rr . 

the  British  and  our  countrymen?    Would  they  be  safe  a( 
any  time  from  insult,  depredation,  and  murder  ?     Has  that 
deep-rooted  feeling  of  jealousy  and  malice,  that  has  exist- 
ed on  the  part  of  England  towards  the  United  States,  from 
the  earliest  days  of  her  despotism  to  the  present  time, 
given  way  to  the  control  of  a  more  kind  and  friendly  spirit? 
Do  we  find  manifested  in  her  Parhament  that  respect  for 
our  republican  institutions,  that  esteem  for  our  rulers  and 
magistrate,  and  that  desire  to  cherish  good  will  as  a  foreign 
power,  that  would  justify  us  in  permitting  them  to  settle  at 
our  very  doors,  with  all  their  wild  schemes  of  abolition  and 
destructive  notions  of  national  policy  ?    Never.     There  is 
not  an  American  who  would  consent  to  see  them  located  in 
a  region  of  country  but  a  stone's  throw  from  their  own. 
Again :  Their  opinions  respecting  the  abolition  of  slavery 
are  known  throughout  the  world.    The  next  question  that 
naturally  arises  in  connexion  with  this  subject  is,  whether 
or  not  slavery  is  a  southern  institution.     This  all  admit; 
and  it  is  contended  by  many,  the  Hon.  John  C.  Calhoun 
among  the  number,  that  slavery  is  a  necessary  institution, 
the  prosperity  of  the  South  depending  upon  it.     Here  we 
find  them  determined  to  abolish  it  whenever  and  wherever 
they  can,  conflicting  directly  with  a  long-existing,  and,  we 
think,  important  institution.     Of  course  this  determination 
at  all  times  will  rem?iin  as  fixed  as  it  is  at  this  time.  No  change 
of  circumstances,  no  event,  would  alter  this  settled  pur- 
pose, which  has  every  year  become  more  resolute.    Be- 
tween the  British  settlers  and  our  slaves  there  would  be 
constant  intercourse.    How  could  it  be  prevented?    They 
would  be  subject  to  the  most  lawless,  insidious,  and  revo- 
lutionary designs ;  plots  and  schemes  would  be  continually 
at  work,  by  which  their  freedom  could  be  effected,  and  no 
vigilance  on  our  part  cq^ld  prevent  it.    It  is  believed  by 
many  that  in  the  course  of  time  such  would  be  the  indus- 


OREGON.  95 

try  with  which  this  abohtion  party  would  prosecute  their 
purposes,  and  such  their  unalterable  determination  to  effect 
this  object  at  any  cost  or  sacrifice,  that  the  South  sooner 
or  later  would  present  a  theatre  of  one  of  the  most  heart- 
rending and  bloody  tragedies  that  ever  marked  the  sanguin- 
ary eras  of  Europe.  There  would  be  no  stumbling  block  in 
the  way ;  on  the  contrary,  every  inducement  to  carry  out 
their  plan.  This  is,  therefore,  one  of  the  principal  reasons 
for  ridicul^  vnd  denouncing  the  idea  of  a  surrender  of 
this  pr  „  of  the  territory.  The  valley  between  the  Blue 
and  Rocky  Mountains  presents  a  barren  wilderness  for 
hundreds  of  miles.  The  land  is  wholly  incapable  of  pro- 
ducing the  most  common  weeds,  and  is  consequently  never 
tilled ;  the  climate  is  likewise  very  bad.  The  nights  are 
intensely  cold,  destroying  every  description  of  vegetation, 
rendering  the  climate  dangerous  to  live  in.  It  is  inhabited 
almost  entirely  by  a  lawless  class  of  men,  who  live  by  the 
depredations  and  robberies  that  they  commit;  they  co- 
operate with  all  the  savages,  whom  they  can  possibly  pre- 
vail on  to  join  them,  and  frequently  take  what  they  call 
"  pillaging  expeditions,"  destroying  every  thing  that  comes 
within  their  reach,  and  often  taking  the  lives  of  useful  and 
industrious  citizens.  Hear  what  Washington  Irving  says 
on  the  subject:  "The  monotony  of  these  immense  land- 
scapes would  be  as  wearisome  as  that  of  the  Ocean,  were 
they  not  relieved  in  some  degree  by  the  sweet  atmosphere." 
Not  far  off  there  is  a  beautiful  valley,  watered  by  the  Walla- 
walla,  situated  between  the  Blue  and  Far  West  Mountains. 
Here  nature  has  scattered  her  bounties  most  profusely; 
fruit,  flowers,  and  grapes  may  be  found  in  great  abundance. 
This  immediate  section  is  also  celebrated  as  a  pasture 
country ;  the  cattle  are  remarkably  fat  and  well  grown, 
and,  if  "  there  be  no  deception,  the  cattle  of  the  herdsman 
may  range  over  a  thousand  hills."    The  valley,  not  very 


96  OREGOff. 

distant  from  this,  commonly  called  the  Western  Valley, 
is  the  great  agricultural  region ;  it  extends  from  the  straits 
of  Fuca  to  the  Umpqua  river,  and  contains  about  50,000 
square  miles.  This  is  literally  the  Eden  spot  of  the  terri- 
tory, and  is  susceptible  of  profitable  cultivation,  provided 
the  proper  implements  can  be  obtained ;  for  in  many  places 
the  soil  is  hard  and  unyielding,  and  requires  great  labor  to 
till  it.  This  region  is  capable  of  supporting  a  very  large 
population,  almost  as  large  as  that  of  many  of  the  States. 
The  hills  and  forests  around  are  magnificent ;  the  foliage 
of  the  trees,  many  of  them  in  perpetual  verdure,  and  the  rich 
shrubbery,  running  in  wild  profusion  over  hill  and  dale,  to- 
gether with  the  salubrity  of  the  chmate  and  the  fertility  of 
the  soil,  render  it,  to  the  enterprising  settler,  one  of  the 
most  favored  and  lovely  spots  of  creation.  The  thermome- 
ter in  summer  is  seldom  higher  than  80°,  and  the  tempera- 
ture is  considered  at  all  times,  with  the  exception  of  a  few 
weeks,  genial  and  delightful.  The  winter  is  represented 
as  being  mild  and  delightful,  and  not  too  cold  for  the  per- 
formance of  agricultural  labors.  It  is  mostly  peopled  by 
American  emigrants,  who  are  hardy,  industrious,  and  en- 
terprising, and  capable  of  enduring  great  fatigue.  Within 
a  few  years  past  the  most  astonishing  improvements  have 
been  made ;  towns  and  villages  are  spring:ing  up  every 
T/here  ;  commerce,  agriculture,  and  a  well  ordered  system 
of  government,  is  taking  the  place  of  national  and  physi- 
cal wildness,  and  the  recent  letters  that  have  been  re- 
ceived bespeak  the  satisfaction  and  good  feeling  that  is  ex- 
isting among  the  inhabitants.  Here,  says  De  Bow,  ^  if  any 
where,  must  the  seat  of  empire,  population,  and  wealth  be, 
beyond  the  Rocky  Mountains."  The  Columbia  river,  for 
thirty  or  forty  miles  from  its  mouth,  forms  a  race  or  estu- 
ary, varying  in  width  from  three  to  seven  miles;  its  mouth 
is  surrounded  with  numerous  shoals,  as  far  upwards  as 


OREGON.  97 

the  "  cascades,"  not  far  from  the  Wallamette  river,  no  ves- 
sels venture  beyond,  and  the  loss  of  several  packets,  heavi- 
ly laden  with  costly  and  valuable  merchandise,  has  caused 
the  greatest  caution  to  be  observed.  The  reefs  of  rock 
that  extend  out  for  miles  are  not  visible  to  the  eye ;  hence 
the  necessity  of  employing  the  most  skilful  and  experienced 
pilots.  Whenever  an  accident  occurs,  there  is  no  evidence 
of  approaching  dangers,  and  the  vessel  appears  perfectly 
safe,  and  apparently  in  deep  water,  until  she  is  stranded 
and  dashed  to  pieces.  Near  the  coast  there  are  large 
groups  of  islands  scattered  around,  between  the  48°  and 
58°  of  latitude,  which  has  been  classed  under  one  name, 
viz,  the  Northwest  Archipelago.  These  islands  are  ex- 
ceedingly sterile  and  unproductive,  being  of  a  porous, 
sandy  soil  *,  they  abound  in  wood,  however,  which  is  carried 
off  in  large  quantities  and  sold.  Four  years  ago  there 
were  hardly  five  hundred  of  our  citizens  in  all  this  region 
of  Oregon,  and  these  were  simply  farmers  and  graziers, 
located  about  the  Wallaihjtte  or  Wallawalla.  Since.;  the 
tide  of  emigration  has  greatly  increased.  In  1833  about 
one  bundled  persons  of  all  ages  and  sexes  emigrated  from 
the  valley  of  the  Mississippi.  They  carried  with  them 
wagons,  carts,  and  farming  utensils,  and  the  belief  was  that 
this  spirit  of  emigration  would  continue  to  exist  from  the 
encouraging  accounts  given  by  the  settlers.  The  favorite 
p<rint  of  rendezvous,  for  all  persons  emigrating  to  this 
country,  is  Independence^  Missouri.  From  Independence 
the  route  is  along  the  banks  of  the  Kanzas  and  Platte 
rivers,  to  Fort  Laramie,  750  miles.  From  Laramie,  di- 
rectly westward  to  Fort  Hall,  near  the  head  waters  of  the 
Lewis  river,  the  distance  is  four  hundred  and  fifty  miles. 
Here  the  most  difficult  part  of  the  journey  is  reached,  and 
a  kind  of  natural  pass  admits  the  party  through  the  Rocky 
Mountains.    From  Fort  Hall  to  the  valley  of  the  Walla- 


98  OREGON. 

walla,  four  hundred  and  iifly  miles  further,  the  road  runs 
along  the  banks  of  the  Lewis  river ;  four  hundred  and  fifty 
miles  more  of  travel,  and  the  worn  down  and  spiritless 
traveller,  after  an  almost  endless  journey  of  two  thousand 
miles,  comes  in  view  of  the  green  and  shady  banks  of  the 
Willamet  river.  Here  the  scene  is  grand  beyond  de- 
scription; a  splendid  landscape,  as  far  as  the  eye  can  reach, 
decorated  with  the  fruit  tree  and  the  myrtle,  is  spread  out 
to  his  admiring  gaze!  He  finds  himself  in  a  strange  land, 
surrounded  by  strange  faces,  and  the  novelties  of  a  new 
country.  At  first  he  feels  the  deepest  sorrow  at  having 
left  the  home  of  his  birth,  around  which  cluster  all  the 
joyous  reminiscences  of  his  life.  The  familiar  scenes  of 
the  past  start  at  once  into  being,  while  he  is  carried  in  his 
day-dreams  to  the  land  of  his  childhood.  In  memory  he 
finds  himself  with  his  connexions  and  friends,  with  his  as- 
sociates in  life,  and  at  the  family  altar  of  his  own  dear 
homestead.  All  things  are  new  to  him,  and  he  quietly 
awaits  the  vicissitudes  of  time  and  change  upon  which  to 
build  new  hopes.  But  the  spell  is  soon  broken.  He  forms 
acquaintances  and  business  connexions,  which  relieve  his 
mind  and  give  rise  to  perfect  satisfaction.        ^  *     • 

Among  the  settlers  here  and  in  the  neighborhood  there 
is  a  feeling  of  sensibility  not  surpassed  in  the  most  favored 
and  civilized  countries.  The  most  friendly  relations  are 
cultivated  in  all  their  various  occupations;  and  whenever 
disputes  occur,  which  is  rarely  the  case,  they  are  soon  ad- 
justed, and  the  most  amicable  feelings  exist.  For  some 
time  past,  there  has  been  a  system  of  religious  teaching 
going  on  which  has  greatly  improved  the  morals  of  the 
people.  At  first,  our  ministers  were  received  with  great 
contempt,  and  their  lives  even  threatened.  Large  com- 
panies of  Indians  would  meet  together,  and  concoct 
schemes   for  the   expulsion   of  them.      After   a  while, 


OREGON.  99 

however,  they  became  perfectly  reconciled,  and  attended 
divine  service  regularly,  both  men  and  women.  Previous 
to  this  religious  instruction,  and  for  some  time  after,  the 
Indians  were  greatly  addicted  to  ball-playing,  gambling, 
dancing,  and  drinking,  ai.  -  manifested  perfect  indifference 
about  attending  church;  but  the  untiring  and  successful 
efforts  of  Mr.  Tolsom,  whose  anxiety  was  only  equalled 
by  his  zeal  in  advancing  their  spiritual  good,  tended,  in  a 
very  great  measure,  to  reform  the  bad  habits  of  the  more 
corrupt  and  degenerate.  In  the  neighborhood  of  Wheelock 
religious  excitement  has  been  prevailing  for  a  long  time. 
Indeed^  ever  since  1840,  when  a  radical  change  took  place 
in  the  characters  and  habits  of  the  people.  Prior  to  this 
time,  many  of  the  inhabitants  here  had  no  idea  of  a  God, 
and,  of  consequence,  of  their  responsibility.  They  rid- 
iculed the  idea  of  religious  ceremony — calling  it  a  false 
mockery — converting  the  Sabbath  into  a  day  of  riotous 
and  luxurious  living,  and  taking  the  greatest  delight  in  de- 
nouncing the  precepts  of  the  Bible,  which  had  been  ex- 
plained to  them  by  their  teachers.  However,  a  great 
change  has  taken  place.  Large  school-houses  have  been 
recently  built  by  the  moral  and  industrious,  and  they  even 
supply  their  own  teachers.  Mr.  Wright  is  also  an  active 
laborer  in  the  vineyard.  He  has  extended  Sabbath  school 
teaching  to  several  dark  and  unenlightened  neighborhoods, 
and  introduced  a  system  of  rehgious  and  practical  educa- 
tion, the  benefits  of  which  are  very  apparent.  At  first, 
there  were  only  about  fifteen  scholars,  who  appeared  very 
indifferent,  being  irregular  in  their  attendance,  and  fre- 
quently permitting  days  and  weeks  to  pass  without  making 
their  appearance,  recently  about  one  hundred  and  twenty 
have  been  added  to  the  number  of  learners,  and  seven  flour- 
ishing sabbath  schools  connected  with  Wheelock.  All  of 
these  schools,  with  the  exception  of  one  at  Wheelock,  are 


100  OREGON. 

Open  on  Saturday  as  well  as  Sunday.  In  the  seven  schools 
mentioned,  there  are  from  three  to  four  hundred  learners ; 
and  the  number  who  can  read  and  write  their  own  language 
is  constantly  and  rapidly  increasing.  If  no  untoward  event, 
says  a  writer  from  that  country,  shall  happen  to  retard  the 
progress  of  improvement,  the  Choctaws,  as  a  nation,  will, 
at  no  distant  day,  become  a  reading  people. 


;'i-v'.  ■ 


•iii^     V     ■-■■■'■      '   ■.    i'-r  -    \. 
^>-i>  '.-v^;    '    '      !    "         •r-.vft.    ^     ' 

-^    •  ■:  .  ^  ■       •.'-•■.:  i,M  •    ■ 


CHAP.  VI. 

Capacities  for  trade  and  commerce. 

An  estimate  can  scarcely  be  made  of  the  capacities  of 
this  territory  for  trade  and  commerce.  It  has  never  been 
fairly  or  fully  tested.  Indeed,  the  settlements  that  have 
been  made  by  the  American  settlers  have  been  compara- 
tively so  recent,  that  they  have  had  no  fair  opportunity  to 
test  the  character  of  the  soil.  It  is  true  that  farming  op- 
erations have  been  very  successful,  and  the  amount  of 
grain  raised  greater  than  was  expected;  but  there  are 
many  things  yet  wanting  that  are  almost  indispensable. 
The  system  of  agriculture  is  not  perfected,  and  they  have 
not  the  force  on  their  farms  which  is  essential  to  success. 
Many  farming  implements  have  been  carried  to  Oregon  by 
emigrants  during  the  last  three  years;  but  the  number  has 
been  so  limited,  that  the  land  has  been  only  partially  culti- 
vated. Developments,  however,  are  being  made  every 
year,  and  the  increase  is  perceptible  to  all.  We  have  the 
most  indisputable  evidence  of  the  strength  and  fertility  of 
the  soil  from  gentlemen  who  have  been  engaged  in  agri- 
cultural pursuits  for  the  last  fifty  years.  Their  accounts 
are  most  flattering,  and  the  reports  made  by  them  respect- 
ing the  number  of  bushels  of  wheat  and  peas  raised  to  the 
acre  have  even  astonished  the  most  learned  and  skilled  of 
our  farmers.  The  attention  that  they  pay  to  the  crops  is 
not  half  so  great  as  that  bestowed  in  this  country.  They 
seed  their  grain  as  we  do,  and  attend  to  it  afterwards,  be- 
fore it  reaches  maturity.  The  product  is  almost  as  much 
again,  and  the  grain  fuller  and  heavier.  No  one  who  has 
ever  gone  to  Oregon  has  ever  been  in  the  least  disappoint- 
ed after  remaining  there  for  some  months.    Their  expec- 


F 

102  OREGON. 

tations  have  been  invariably  more  than  rsahzed ;  and  the 
accounts  we  hear,  though  apparently  much  exaggerated, 
are  not  equal  to  what  they  see.  All  express  the  most  en- 
tire satisfaction,  write  the  most  inviting  and  glowing  ac- 
counts to  their  friends,  an^.  hold  out,  by  the  bright  pictures 
they  paint,  the  strongest  inducements  to  emigration.  The 
facilities  of  intercourse  which  are  offered  with  foreign  na. 
tions  are  exceedingly  desirable,  inasmuch  as  the  people  of 
Oregon  can  at  any  time,  within  a  few  days,  exchange  their 
productions,  and  bring  over  to  their  own  country  those  ar- 
ticles which  are  not  adapted  to  the  soil  of  the  territory. 
The  western  part  of  it  is  not  very  distant  from  a  number 
of  beautiful  islands  bordering  on  the  coast.  Three  or 
four  days^  sail  will  bring  them  to  portions  of  the  world 
where  there  is  natural  and  artificial  growth  in  abundance 
that  will  not  grow  where  they  are.  If  commerce,  manu- 
factures, and  trade  of  all  kinds  increase  with  the  impulse 
they  necessarily  give  to  the  character  of  the  people,  are 
what  the  American  people  desire  and  need,  Oregon  pre- 
sents the  most  inviting  field  in  the  known  world,  and  holds 
out  advantages  which  any  other  nation  would  be  delighted 
to  possess.  This  is  a  great  and  inexhaustible  and  almost 
boundless  territory,  ready  for  an  exercise  of  the  industry 
and  ingenious  spirit  of  the  American  people,  and  espe- 
cially of  its  Atlantic  manufacturing  and  commercial  sec- 
tions, which  have  an  incalculably  greater  interest  in  the 
question  of  American  rights  in  Oregon  than  the  southern 
and  western  States.  If  any  advantages  are  to  be  derived, 
these  States  will  feel  them  more  sensibly  than  any  others. 
It  is  necessary,  in  order  to  reach  the  more  distant  portions 
of  the  Union  to  pass  directly  through  them,  or  on  their 
banks  for  many  miles.  Mr.  Baylies,  of  Massachusetts, 
chairman  of  a  committee  of  Congress,  in  1826,  in  a  report 
to  the  House,  which  fell  unheeded  upon  the  dull  ear  of 


OREGON.  103 

the  public,  thus  happily  describes  the  oaT>acities  of  this 
mighty  region:  "A  vast  river,  with  its  tributaries  and 
branches,  waters  its  whole  extent,  through  seven  degrees 
of  latitude,  and  flows  beyond  into  the  territories  of  other 
nations.  It  abounds  in  excellent  timber  and  in  spars,  un- 
surpassed by  any  in  the  wc.ld.  Its  waters  are  navigable 
for  vessels  through  half  its  extent,  even  for  boats  through 
half  the  remainder.  The  water  power  for  moving  manu- 
facturing machinery  is  unequalled,  and  ceases  where  the 
navigation  terminates.  It  is  bounded  on  the  south  by  a 
country  abounding  in  cattle  and  wheat,  which  can  be 
reached  by  sea  in  less  than  two  days,  and  the  vicinity  too 
of  other  countries,  whose  interior  is  filled  with  the  purer 
metals  and  the  richest  articles  of  commerce,  and  whose 
shores  abound  in  the  pearl-producing  oyster.  It  is  within 
twenty  days^  sail  of  the  coasts  of  Peru  and  Chili,  which 
are  identified  with  fine  bays  and  harbors,  but  destitute  of 
the  material  for  ship  building,  which  they  would  receive 
from  this  source,  that  could  supply  the  materials  at  the 
cheapest  rate.  It  is  within  seventy  or  eighty  days'  sail  of 
China  and  the  East  India  seas,  and  within  thirty  of  the 
Sandwich  Islands,  abounding  in  sandal  wood,  sugar  cane, 
and  tropical  fruits,  and  perfectly  adapted  to  the  cultiva- 
tion of  coffee  and  cotton.  In  a  word,  if  it  were  given  to  a 
civilized,  commercial,  and  manufacturing  people  to  choose 
their  place  of  rest,  the  world  affords  no  position  equal  to 
this;  and  it  requires  no  prophetic  spirit  to  foresee  the 
wealth  and  grandeur  of  that  fortunate  race,  whose  happy 
destiny  shall  have  placed  them  in  this  beautiful  region.'' 

If  this  statement  is  to  be  relied  on,  and  in  it  we  put  the 
most  perfect  confidence,  we  have  within  our  reach  the  oc- 
cupancy of  a  country  infinitely  superior  to  our  own  in  its 
soil  and  in  its  capacities  for  trade.  The  settlers  are  be- 
coming every  day  more  dissatisfied.    Their  complaints  are 


104  0  R  E  O  0  If . 

continually  being  made  through  the  press,  and  it  is  very 
certain  that  unless  the  United  States  take  possession  with- 
in a  few  years,  they  will,  without  hesitation,  declare  them- 
selves free  and  independent.  Rumors  to  that  effect  have 
ahready  reached  the  seat  of  our  Government,  and  should 
arouse  the  people.  Forbearance  with  them  ^^will  soon 
cease  to  be  a  virtue.'^  Can  it  be  expected  that  our 
own  people,  born  Americans,  will  live  under  the  con- 
trol of  British  laws  and  rules?  This  country  must 
soon  be  Oregon  or  the  United  States.  There  is  no  half 
way  ground — ^no  compromise  here.  Should  England  ob- 
tain it,  Americans  will  be  driven  away  forever.  "There 
is  already  an  organized  government,  subject  to  the  appro- 
val of  the  United  States.  It  consists  of  an  executive,  le- 
gislative committee,  &,c.  They  have  adopted  the  laws  of 
the  nearest  Territory  as  their  code ;  and  also  made  some 
local  regulations.  A  rich  square  is  allowed  each  settler. 
The  settled  parts  have  been  divided  into  five  counties,  all 
on  the  south  side  of  the  Columbia.  They  have  not  ex- 
tended jurisdiction  to  the  north  side  yet.  And  this  makes 
some  of  the  hot-headed  fret,  as  they  considered  the  matter 
a  tacit  acknowledgment  that  the  north  side  belongs  to  the 
English.  But  this  is  a  mistake.  The  reason  why  juris- 
diction was  not  extended  across  the  Columbia,  was  be- 
cause no  American  had  settled  there ;  and,  consequently, 
there  seems  to  be  no  cause  for  passing  the  river  with  a 
government  when  there  are  none  to  govern  but  Indians  or 
British  subjects.  Should  any  of  the  recent  emigrants  set- 
tle on  that  side,  there  is  no  doubt  that  the  next  sitting  of 
the  legislature  will  extend  their  laws  to  them.^'  It  is  very 
obvious,  from  the  recent  proceedings  of  the  inhabitants  of 
this  territory,  that  they  are  becoming  deeply  incensed  at 
the  neglect  which  has  been  shown  them,  and  are  doing 
every  thing  in  their  power,  in  view  of  this  indifference,  to 


OREGON.  105 

establish  their  own  government  and  laws.  It  is  not  to  be 
surprised  at.  They  have  every  thing  they  want  within 
thirty  days^  sail  of  the  Sandwich  Islands,  where  they  are 
supplied  with  an  abundance  of  sugar  and  coffee,  together 
with  sandal  wood  and  cotton.  The  necessaries  of  life, 
which  are  used  by  all  classes  and  conditions,  can  be  pur- 
chased for  a  mere  pittance,  or  gotten  in  exchange  for  tim- 
ber that  grows  in  the  territory.  This;  advantage,  inde- 
pendent of  others  equally  important,  would  be  greatly  ap- 
preciated in  our  southern  and  southwestern  States.  In- 
stead of  paying  12^  cents  per  pound  for  sugar,  it  could  be 
bought  for  about  four  cents.  And  in  our  manufacturing 
establishments,  particularly  on  the  Mississippi  river,  cot- 
ton cloths  could  be  made  and  sold  for  about  one  half  of 
what  is  now  paid.  The  raw  material  can  be  purchased 
for  less,  and  of  course  sold  for  less.  And  those  very  goods 
for  which  we  are  now  paying  twenty  cents  per  yard  could 
be  bought  for  sixteen  cents.  These  are  some  of  the  few 
advantages  which  England  would  derive  had  she  pos- 
session. ,    .,  s-.     ,    ,,.. ,_, 

The  valley  of  Wallamette,  for  beauty  and  fertility  may 
be  regarded  as  one  of  the  finest  countries  on  the  globe, 
and  is  described  by  Walker,  p.  105,  in  the  following  man- 
ner :  '       "  .:     ■      . 

"  The  soft  rich  soil  of  the  prairie  is  easily  broken  up 
from  its  original  imbeddedness  with  a  single  yoke  of  oxen, 
or  a  team  of  horses,  and  the  moderation  of  the  climate  al- 
lows you  to  sow  spring  wheat  as  early  as  February,  and 
from  that  until  the  15th  of  May,  as  the  season  happens  to 
run.  You  commence  ploughing  in  October,  and  plough 
and  sow  wheat  from  that  time  until  the  15th  of  May,  to 
suit  the  spring  or  fall  crops.  There  is  not  much  differ- 
ence in  the  yield  of  the  fall  and  spring  crops ;  but  you 
must  put  about  twice  as  much  for  seed  in  the  ground  for 


106  OREOOiN. 

the  latter  as  for  the  former.  The  land  yields  from  25  to 
40  bushels  to  the  acre.  I  saw  a  field  of  50  acres,  sown 
about  the  15th  of  May  last  in  new  ground,  which  produced 
about  110  bushels  of  the  most  excellent  grain.  This  coun- 
try produces  oats,  tomatoes,  and  garden  vegetables,  gene- 
rally in  great  abundance.  Irish  potatoes  and  turnips  grow 
better  here  than  in  the  States.  Sweet  potatoes  have  not 
yet  been  tried,  with  the  exception  of  an  inferior  species 
from  the  Sandwich  Islands,  and  they  did  not  succeed  well. 
And  it  is  not  so  profitable  a  crop  as  grain.  Yet  it  can  be 
raised  here  in  sufficient  quantities  for  all  useful  purposes ; 
for  you  need  but  httle,  in  consequence  of  not  being  obliged 
to  feed  your  stock.  Fruit,  such  as  apples,  peaches,  cher- 
ries, plumbs,  pears,  melons,  &c.,  thrive  here  exceedingly 
well ;  while  wild  fruit  and  berries  abound  in  the  greatest 
profusion.  Cranberries  are  found  in  great  abundance  near 
the  mouth  of  the  Columbia,  and  are  brought  up  bore  and 
to  Vancouver  by  the  I  dians,  and  sold  for  almost  nothing. 
Blue-berries,  raspberries,  salberries,  thornberries,  crab -ap- 
ples, a  kind  of  whortleberry,  and  strawberries,  are  found 
in  large  quantities  in  every  direction  in  this  section  of 
Oregon.  The  strawberries  of  this  country  are  peculiarly 
fine;  they  are  larger  in  size  than  those  of  the  States, 
and  possess  a  more  delicious  flavor.  As  regards  the 
country  for  grazing,  it  is  certainly  all  that  any  one  could 
wish  it.  Cattle  require  no  shelter,  nor  feeding.  And  upon 
the  Yan  Hill  plains,  near  the  salt  springs,  fodder  in  abun- 
dance is  supplied.  Cows  calve  here  when  fifteen  or  twen- 
ty months  old.  This  is  also  a  good  country  for  raising 
hogs.  Upon  the  Wallamette,  below  the  falls,  they  live  al- 
most entirely  upon  the  wappato  root,  and  upon  the  plains 
they  find  a  bountiful  subsistence  in  the  ears  and  fruit  of 
the  white  oak.  The  grass  of  this  county,  as  I  have  had 
occasion  to  say  before,  is  peculiarly  nutritious;  and  cattle 


0RE60IT.  107 

that  have  been  put  here  to  recruit,  recover  their  physical 
energies  with  wonderful  rapidity  while  feeding  on  it.  In 
the  last  of  November,  the  period  of  my  first  visit  to  this 
place,  I  saw  a  fine  sorrel  horse,  which  had  been  brought  to 
this  country  by  Mr.  John  Hobman,  of  Clinton  county,  Mis- 
souri, that  was  turned  upon  the  grass  on  Fallatine  plains, 
in  the  middle  of  the  previous  month.  He  was  then  so  re- 
duced and  feeble  with  the  fatigue  he  had  undergone  during 
the  trip  from  the  State  that  he  could  barely  raise  a  trot; 
but  when  I  saw  him,  he  was  in  fine  condition,  and  running 
about  the  place  as  gaily  as  any  of  the  other  horses,  with 
whom  he  was  enjoying  primitive  independence.  Cattle 
that  were  worked  from  the  States  to  the  Dalles,  and  from 
there  brought  down  to  the  Wallamette  valley  last  year, 
have  borne  the  winter  well,  and  are  now  thriving  rapidly. 
The  climate  of  this  section  of  Oregon  is,  indeed,  most 
mild.  Having  passed  a  winter  here,  permanently  and 
most  comfortably  established  at  Linton,  I  am  enabled  to 
speak  of  it  from  practical  experience.  The  winter  may  be 
said  to  commence  about  the  middle  of  December,  and  to 
end  about  the  10th  of  February.  And  a  notion  of  the 
general  nature  of  its  visitation  may  be  gained  from  the 
fact,  that  I  saw  strawberries  in  bloom  about  the  first  of 
last  December,  and  to  eat  about  the  10th  of  February. 
I  saw  strawberries  also  in  bloom  about  the  1st  of  Decem- 
ber on  the  Fallatine  plains.  And  as  early  as  the  20th  of 
February,  the  wild  flowers  were  blooming  on  the  sides. 
The  grass  has  even  been  growing  since  the  10th  February ; 
and  towards  the  end  of  that  month  the  trees  were  budding, 
and  the  shrubbery  in  bloom.  About  the  26th  of  Novem- 
ber, we  had  a  spell  of  cold  weather,  and  a  shght  fall  of 
snow,  which,  however,  was  gone  in  a  day  or  two.  In 
December  we  had  a  very  little  snow,  all  of  it  melting  as  it 
fell.    In  January  we  had  snow,  but  all  of  it,  like  the  pre- 


108  ofiGoofr. 

vious  falls,  melted  as  it  came  down,  with  the  exception  of 
one  visitation,  that  managed  to  last  upon  the  ground  for 
three  days.  The  soil  has  not  been  frozen  more  than  once 
during  the  whole  winter.  And  ploughing  has  been  carried 
on  without  interruption  throughout  the  winter  and  fall. 
As  regards  rains  in  the  fall,  I  have  found  them  much  less 
troublesome  than  I  anticipated.  I  supposed  from  what  I 
had  heard  of  the  excessive  storms  in  this  region,  that  out- 
door work  could  not  be  done  at  all  here  during  the  rainy 
season ;  but  I  have  found  that  a  great  deal  more  labor  of 
this  description  can  be  performed  here  than  during  the 
same  period  in  the  western  States.  The  rains  fall  in  gen- 
tle showers,  and  are  generally  what  are  termed  drizzling 
rains,  from  the  effect  of  which  a  blanket-coat  is  an  effec- 
tual protection.  They  are  not  the  chilly  rains  that  sting 
you  in  the  fall  and  spring  seasons  of  the  eastern  States, 
but  are  warm  as  woll  as  light.  They  are  never  hard 
enough  in  the  worst  of  times  to  wash  the  roads  or  fields, 
and  consequently  you  can  find  no  gullies,  worn  or  cut,  in 
your  fields,  by  this  means.  And  as  for  wind,  I  have  wit- 
nessed less,  if  such  a  term  can  be  used,  than  at  any  other 
place  I  have  ever  been  in.  And  I  have  but  to  say,  that  if 
the  timber  we  have  here  spread  their  lofiy  branches  in  the 
States,  they  would  be  riven  by  the  lightning,  and  blown 
down  to  an  extent  that  would  spare  many  of  them  the  blow 
of  the  settlers^  axe.  Here  I  have  heard  no  thunder,  and 
have  seen  but  one  tree  that  had  been  struck  by  lightning.'^ 
By  the  acquisition  of  this  territory,  an  extensive  and 
profitable  command  of  the  fur  trade  of  the  north  would  be 
obtained  from  latitude  38°  to  the  pole.  The  whole  of  this 
section  of  the  country,  which  abounds  probably  more  in 
the  fw-producing  animal  than  any  other,  would  be  under 
our  command,  and  consequently  an  impetus  and  strength 
ivould  be  given  not  only  to  the  trade  of  that  immediate 


O  R  E  G  U  N  .  109 

section,  but  the  eflfect  would  be  sensibly  felt  in  the  interior 
of  the  United  States,  and  particularly  by  the  cities  border- 
ing on  the  Mississippi.  The  demand  for  fur  in  Liberty 
and  Lexi^igton,  Missouri,  and  also  in  many  of  the  princi- 
pal towis  of  Illinois,  would  be  very  great.  Their  estab- 
lishments would  be  enlarged  necessarily;  new  houses 
would  be  opened ;  and  even  in  this  particular  there  can  be 
no  adequate  estimate  made  of  the  benefits,  when  support- 
ed by  the  operations  of  that  credit  which  Great  Britain  so 
eminently  possesses.  Should  this  part  of  the  territory  be 
ceded  to  England  by  negotiation,  or  in  any  other  way  that 
is  legal  or  in  conformity  with  the  usages  of  nations,  there 
would  be  scarcely  any  intercourse  between  the  two  pow- 
ers :  we  mean  no  more  than  there  is  at  present.  The  two 
countries,  by  mutual  consent,  would  be  separate  and  dis- 
tinct ;  each  would  confine  itself  to  its  own  dominions,  and 
to  the  control  of  its  own  laws  and  institutions ;  and  though 
bordering  on  each  other,  and  connected  by  nature^s  God, 
when  we  crossed  the  boundary,  we  should  feel  that  we 
were  strangers ;  as  much  so  as  if  we  were  in  Manchester 
or  Birmingham.  The  value  of  this  possession  to  a  nation 
hke  ours,  agricultural  as  it  is,  is  great  beyond  conception. 
See  the  facilities  of  improvement  with  which  we  are  sur- 
rounded, the  character  and  habits  of  our  people,  their  en- 
terprising and  liberal  spirit,  the  good  will  and  unanimity 
that  exists  between  State  and  State — all  these  considera 
tions,  in  forming  a  territorial  connexion,  are  highly  impor- 
tant. Indeed,  without  them,  it  would  be  worse  than  folly 
to  attempt  the  settlement  of  a  country  so  vast  in  its  natural 
resources.  Oregon  might  be  made  by  the  American  peo- 
ple an  important  source  of  revenue  in  the  course  of  time — 
almost  equal  to  that  which  is  now  paid  into  our  coffers. 
What  would  prevent  the  establishment  of  large  mills  and 
cotton  factories  on  the  Columbia,  Lewis  and  Clark  rivers, 


110  OREGON. 

and  on  a  hundred  other  streams,  which  flow  almost  through 
the  entire  territory?  They  are  navigable,  a  number  of  them, 
for  many  miles,  and  the  land  is  exceedingly  fertile.  All 
the  necessary  ingredients  for  putting  up  houses  are  close 
by.  Large  and  inexhaustible  quarries  of  stone  may  be 
found  almost  any  where.  The  timber  is  infinitely  superior 
to  our  own,  and  nothing  would  be  needed  but  the  labor 
necessary  to  a  work,  arduous  it  is  true,  but  incalculable  in 
its  advantages.  There  are  many  healthy  and  beautiful 
situations  for  building  towns  and  villages  on  the  banks  of 
navigable  streams  passing  through  a  fine  portion  of  coun- 
try. The  influence  that  would  be  exerted  on  our  slave 
population  would  necessarily  be  very  great.  Slavery  would 
not  be  confined,  as  it  now  is,  to  a  few  States.  The  popu- 
lation would  be  scattered  at  once,  and  their  conditions 
much  improved.  One  of  the  principal  objections  to  the 
institution  urged  by  the  fanatical  abolitionists  of  the  north 
is,  that  there  are  too  many  occupying  a  small  tract  of 
country.  This  objection  would  be  removed  ^  for  an  ex- 
tension would  take  place  forthwith,  and  the  liability  to  re- 
bellion and  insurrection  decidedly  less.  We  can  very 
easily  dispose  of  a  large  number  of  slave^^  living  in  the 
south.  There  is  no  need  for  the  labor  of  all  of  them  there. 
However,  the  number  has  greatly  diminished  within  the 
last  twenty  years,  and  by  enlarging  their  place  of  resi- 
dence, their  labor  would  be  much  more  valuable,  and  put 
an  end,  in  a  great  measure,  to  the  disturbances  at  the 
north. 

The  question  may  now  be  very  properly  asked,  in  view  of 
the  position  assumed  by  us,  whether  we  shall  surrender 
this  territory  submissively,  and  with  an  entire  wiHingness 
to  accede  to  British  demands,  or  maintain  our  rights  as  be- 
comes a  free  and  responsible  people  ?  Whether,  after  a 
controversy  of  many  years'  duration,  which  has  involved 


OREGON.  Ill 

the  disputed  claims  oi  several  large  and  important  powers 
of  the  earth,  we  shall  finally  yield,  after  the  arguments  that 
have  been  adduced  in  favor  of  our  title,  or  plant  ourselves 
upon  the  broad  platform  of  constitutional  law,  and  say  to 
the  world,  "  thus  far  shalt  thou  go,  and  no  farther."  By 
taking  this  course,  we  should  meet  with  the  approbation  of 
all  nations  not  interested ;  and  there  would  be  but  one 
opinion  throughout  the  civilized  world,  which  would  justify 
us  legally  and  honorably  upon  the  ground  that  we  had  vi- 
olated none  of  the  established  usages  of  nations,  nor  any 
treaty  stipulations.  With  respect  to  the  slave  population, 
we  admit  many  diihculties  have  arisen.  It  is  necessary 
to  scatter  them  over  as  great  an  extent  of  country 
as  can  be  done  consistently  with  propriety:  as  far  as 
they  are  concerned,  they  have  no  objection.  Their  hap- 
piness would  not  be  disturbed  in  the  least.  They  would 
as  soon  exert  their  labor  in  one  portion  of  the  world  as  in 
another.  They  ask  for  kind  and  humane  treatment — they 
ask  for  protection.  They  well  know  the  relations  that 
subsist  between  the  white  population  and  themselves;  and 
are  taught  instinctively  that  they  are  slaves,  born  to 
be  slaves,  and  as  such  must  live  and  die.  We  are  well 
aware  that  strong  fears  have  been  entertained  by  a  num- 
ber of  large  sla\  ao.  J'^»*s  that  in  some  future  day,  possibly 
at  the  still  and  sole*.  ^  i  )ur  of  midnight,  there  would  be 
an  attempt  made  by  then  a  bold  and  united  attempt,  long 
conceived  and  finally  matured,  to  effect  their  emancipation. 
The  cry  in  the  north  has  been  that  the  slave  of  the  south 
is  treated  cruelly  and  inhumanly,  brutalized  by  a  system 
of  rigid  discipline,  and  deprived,  in  a  great  measure,  of  the 
rational  and  innocent  enjoyments  of  life.  False,  indeed, 
is  the  opinion,  and  unworthy  of  a  moment's  consideration. 
Speeches  have  been  made  in  the  presence  of  large  popular 
assemblies  to  awaken,  as  they  say,  "  a  proper  spirit  on  this 


112  OREGON 

subject."  Awaken  a  proper  spirit!  Would  they  have 
the  master  to  place  himself  on  an  equality  with  his  slave  ? 
Are  the  results  of  a  course  so  unwise  and  dangerous 
considered?  Does  the  abolitionist  reflect  upon  the  num- 
ber of  slaves  in  the  south,  their  intelhgence,  and  their 
capacity  for  mischief?  In  their  wild  fanaticism  and  un- 
reasonable suggestions,  and  in  their  heated  denuncia- 
ations  and  extravagant  surmises,  their  judgments  become 
warped,  their  minds  poisoned  with  false  impressions,  and 
the  doors  of  their  hearts  are  closed  to  the  power  of  con- 
viction and  the  force  of  argument.  They  do  not  take  a 
cool  and  dispassionate  view  of  this  subject ;  nor  do  they 
reflect  upon  the  important  fact  that  slavery  does  exist  and 
has  existed  for  centuries ;  that  our  fathers  quietly  endured 
its  abuses,  if  abuses  they  are,  without  the  necessity  of  ab- 
olition. Their  desire  is  to  see  the  slave  elevated  in  his  so- 
cial, political,  and  civil  relations,  to  the  grade  of  the  white 
man;  to  see  him  under  no  restriction,  amenable  to  no 
law,  save  that  which  controls  the  great  bulk  of  mankind. 
This,  in  the  nature  of  things,  is  next  to  impossible.  There 
is  not  a  free  negro  in  the  north  who  does  not  afford  direct 
and  positive  truth  of  an  important  part  of  the  Bible. 
Whether  called  servants,  freemen,  or  gentlemen,  if  the  ne- 
gro, north  or  south,  east  or  west,  is  serving  the  white  man, 
and  satisfying  his  wants  by  an  exercise  of  labor,  he  is  a 
slave  among  us :  such  as  barbers,  shoe-blacks,  waiters,  and 
cooks.  They  may  be  called  freemen,  and  may,  to  a  cer- 
tain extent,  exercise  the  privileges  of  freemen,  but  unless 
the  doom  of  their  inferiority  is  changed,  they  are  in  a  state 
of  servitude.  The  scriptures  tell  us  "  they  shall  live  in 
servitude;"  and  their  condition  can  never  be  reversed. 
Place  them  in  any  business  that  is  not  servile,  elevate  them 
above  the  menial  occupations  and  employments  of  life, 
and  they  are  the  most  unhappy  and  discontented  creatures 


OREGON.  113 

on  earth,  disturbing  the  p^ace  and  harmony  of  society, 
filling  the  prisons,  taxing  the  country,  and  a  nuisance  to 
the  neighborhood  around  them.  We  contend  that  the 
masters  in  the  south,  for  more  than  a  hundred  years,  have 
lived  more  securely  among  their  slave  peasantry  than  the 
masters  of  Great  Britain  among  the  nominal  freemen. 
The  relation  between  master  and  slave  is  not  maintained 
here,  like  the  relation  of  master  and  slave  of  the  old 
world.  Far  from  it.  There  the  bayonet  exercises  its  ir- 
resistible and  subduing  control.  They  are  compelled  to 
obey  strictly  cruel  and  arbitrary  laws,  made  expressly  for 
their  observance.  Here  the  relation  is  maintained  quietly 
and  peaceably,  by  an  instinctive  and  inborn  principle  which 
draws  the  line  between  master  and  slave.  Notwith- 
standing the  powerful  and  abortive  efforts  to  enkindle  in 
this  religious  land  the  fires  of  revolution  and  discord,  the 
American  master  has  for  centuries  lived  infinitely  more 
happy  than  the  English  masters,  with  all  their  guard-sol- 
diers, work-houses,  prison-ships,  and  Botany  Bay  besides. 
We  insist  that  the  slaves  of  the  United  States,  and  we 
speak  on  the  authority  of  British  journals  and  newspapers, 
are  subject  to  fewer  evils,  and  live  in  better  security,  than 
the  laboring  classes  of  Great  Britain.  Ask  the  physician 
of  our  country,  who  has  been  in  Europe  for  years  at  the 
medical  institutions,  what  is  the  social  condition  of  the 
lower  classes  of  people  generally.?  Sunday  morning  is  the 
time,  we  are  told,  "  when  the  European  hospitals  are  most 
crowded  with  broken  heads;  the  poor  laborer,  late  on 
Saturday  night,  returning  home,  having  been  knocked 
down  by  the  half-clad  wretches  out  of  employment,  and 
robbed  of  his  wages."  So  far  from  living  in  peace,  the 
laborers  seem  to  wage  perpetual  war  with  one  another. 
A  spirit  of  jealousy  and  dissatisfaction  is  never  at  rest. 
On  the  contrary,  it  is  perpetually  at  work  ;  and  hence  it  is 


114  OREGOX.' 

that  their  calendars  are  always  tilled  with  the  most  heart- 
rending and  distressing  accounts. 

The  people  of  the  north  should  be  highly  pleased  with 
the  extension  of  our  territory.     Their  hope  to  see  the 
slave  States  free  States  will  much  sooner  be  ret^lized ;  for 
in  proportion  as  the  slaves  are  carried  south,  in  the  same 
ratio  will  the  like  number  be  diminished  in  Virginia,  North 
Carolina,  South  Carolina,  and  Georgia.     There  is  no  bet- 
ter theatre  for  the  exercise  of  their  labors  than  the  Oregon 
territory.     The  climate  is  as  healthy  as  that  of  Virginia, 
and  there  is  less  sickness  by  one-half  than  in  the  other 
States.     The  commercial  advantages  are  generally  supe- 
rior to  those  we  now  enjoy.    For  a  long  time  the  trade  with 
the  Sandwich  Islands  has  been  daily  increasing ;  and  the 
manufacturing  power  must,  looking  to  the  spirit  with  which 
everything  is  carried,  have  a  home  market  for  itself.  More- 
over, from  what  place  are  California,  South  America,  and 
the   Sandwich  Islands  to   procure  their  timber,  unless 
they  get  it  from  Oregon.'*     They  have  no  where  else  to 
go  for  it — they  have  none  of  their  own,  and   must  get 
it  from  Oregon.     To  one  of  these  markets,  already  large 
quantities  of  plank  and  shingles  are  sent ;  their  vessels 
come  for  them,  and  at  the  same  time  there  is  a  great  de- 
mand for  all  kinds  of  provisions  and  surplus  productions ; 
for  it  is  rarely  the  case  that  vessels  visiting  the  North 
Pacific  do  not  touch  at  these  islands.     The  Russian  pos- 
sessions are  also  wholly  dependent  upon  the  people  of 
Oregon  for  their  ship  timber,  and  many  other  articles ;  and 
the  China  markets  are  all  within  a  stone's  throw.     What 
renders  this  territory  valuable  in  itself  is,  that  the  neigh- 
boring countries  and  islands  produce  scarcely  nothing  that 
is  produced  there ;  and  necessarily  there  must  be  a  con- 
stant intercourse.     In  one  respect,  Oregon  is  superior  to 
Cahfornia.     In  the  latter  country  the  climate  is  so  warm, 


OREGON.  115 

that  pork  is  never  put  up,  or  fresh  meat  of  any  kind ; 
which,  of  course,  depreciates  the  value  and  affects  the  sale 
of  them  almost  one-half.  As  soon  as  the  beef  is  killed  it 
must  be  sold,  or  it  is  good  for  nothing ;  for  it  is  taint- 
ed in  a  very  little  while  by  the  heated  and  enervating  at- 
mosphere, which  never  varies.  The  climate  is  sufficiently 
cool  for  all  purposes.  Pork,  beef,  and  all  fresh  meats  can 
be  preserved  for  days  at  a  time.  The  water  is  b-.tter,  the 
water-power  is  greater,  and  the  droughts  are  by  no  means 
as  long  and  destructive  as  those  of  California.  The  coun- 
try within  the  last  five  years  has  greatly  improved  in  busi- 
ness of  all  kinds ;  while  the  people  live  in  a  state  of  prim- 
itive simplicity  and  independence.  They  are  given  to  no 
very  bad  habits,  and  labor  meets  with  such  ample  induce- 
ments and  ready  rewards,  that  lazy  men  are  made  indus- 
trious by  the  mere  force  of  the  influences  around  them." 
There  is  no  business  in  the  country,  not  even  that  of  the 
Hudson  Bay  Company,  that  is  half  so  profitable  as  that  of 
farming.  All  engage  in  it  who  have  the  means ;  and  often 
a  very  small  capital,  a  few  horses  and  wagons,  and  a  little 
ready  money,  opens  the  way  to  wealth  and  prosperity. 
Putting  up  butter  has  become  a  very  popular  pursuit. 
When  fresh  and  good,  it  often  brings  one  dollar  per  pound. 
Provisions  of  all  kinds  are  very  abundant,  and  can  be 
bought  at  very  low  prices.  The  cattle  are  all  fat,  and  af- 
ford throughout  the  winter  the  finest  milk.  There  can  be 
no  country  on  the  globe  more  productive  than  this  terri- 
tory in  many  places,  as  will  be  seen  from  the  following  in- 
teresting letter : 

"^Harvest  is  just  at  hand,  and  such  crops  of  wheat, 
barley,  oats,  and  peas  are  seldom,  if  ever,  to  be  seen  in  the 


*  The  above  is  an  extract  ot  a  letter  from  Gen.  McCarver,  who  is,  ;it  preaent,  Speaker 


of  the  Lower  House  of  Oregon. 


1 16  OREGON. 

States — that  of  wheat  in  particular — the  shocks  being  in 
many  instances  as  high  as  my  head,  the  grains  generally 
much  larger.  I  would  not  much  exaggerate  to  say  that 
they  are  as  large  again  as  those  grown  east  of  the  moun- 
tains. The  soil  is  good  and  the  cHmate  most  superior, 
being  mild  the  year  round,  and  very  healthy — more  so 
than  any  country  I  have  lived  in  the  same  length  of  time. 
Produce  bears  an  excellent  price.  Pork  10  cents,  beef 
6  cents,  potatoes  50  cents,  wheat  $1  per  bushel.  These 
articles  are  purchased  at  the  above  prices  with  great 
avidity  by  the  merchants  for  shipment,  generally  to  the 
Sandwich  Islands  and  Russian  possessions  on  this  conti- 
nent, and  are  paid  mostly  in  sugar  and  coffee,  of  which 
abundant  supplies  are  furnished.  Wages  for  laborers  are 
high.  Common  hands  are  getting  from  one  to  two  dollars 
per  day,  and  mechanics  from  two  to  four  dollars  per  day. 
It  is  with  difficulty  that  men  can  be  procured  at  these 
prices,  so  easily  can  they  do  better  on  their  farms.  The 
plains  are  a  perpetual  meadow,  furnishing  two  complete 
new  crops  in  a  year,  spring  and  fall.  The  latter  remain- 
ing green  through  the  winter.  Beef  is  killed  from  the 
grass  at  any  season  of  the  year.  If  you  have  any  enter- 
prise left,  or  if  your  neighbors  have  any,  here  is  the  place 
for  them.*" 

It  appears  that  the  Oregon  territory  has  been  divided 
by  nature  into  three  separate  parts,  in  divisions,  called 
mountain  ranges.  After  leaving  the  coast  of  the  Pacific,  the 
first  range  that  appear  are  the  cascade  mountains,  which 
extend  but  a  short  distance,  and  are  about  200  feet  above 
the  level  of  the  sea.  They  take  their  rise  about  the  42° 
parallel,  and  run  on  a  line  with  the  coast  at  a  distance  vary- 
ing from  100  to  125  miles,  throughout  the  whole  length  of 
the  territory,  appearing  in  many  places  from  12,000  to 
13,000  feet  above  the  level  of  the  sea,  in  separate  cones. 


OREGON.  117 

Their  succession  is  so  very  continuous  as  to  affect  some- 
what the  interval  between  the  sections.  There  is  a  pas- 
sage forced  through,  however,  by  the  Columbia  and  Era- 
ser's rivers,  presenting  a  very  sublime  scene.  This  chain 
of  mountains  has  been  called  by  various  names  ;  but  we 
believe  that  the  proper  name  is  the  "  President's  range," 
as  the  most  elevated  peaks  were  named  many  years  ago 
by  an  American  traveller  who  was  passing  through  the 
country.  There  is  another  division  commencing  near  the 
centre  of  Oregon,  in  parallel  of  longitude  43°  west  from 
Washington,  and  in  46°  latitude.  Their  course  is  westerly 
and  southwesterly  from  this  point  to  180  mile»  in  an  irreg- 
ular manner,  occasionally  interrupted  and  shooting  off  in 
spires  to  the  south  and  west.  This  ridge  has  been  called 
the  Hhird  region  of  Oregon."  A  considerable  distance 
beyond  the  Blue  Mountains,  and  between  them  and  the 
Rocky  mountains,  is  what  is  termed  Hhe  high  country.'''* 
The  rocky  mountains  run  south  and  southeast.  This 
range  runs  south  from  54°  46^  parallel  to  the  coast,  at  a 
distance  of  300  miles,  and  gradually  extend  their  distance 
from  the  sea,  by  a  continuous  southeasterly  course,  to  over 
seven  hundred,  at  the  40°.  In  these  mountains  and  their 
offsets  rise  the  principal  rivers,  which  find  their  way  into 
the  Pacific  to  the  west,  and  the  Gulf  of  Mexico  on  the  east. 
Near  the  42°  parallel  is  a  remarkable  depression  in  the 
chain,  called  Hhe  southern  pass^''  which  experience  has 
proved  affords  a  short  and  easy  route  for  carriages,  from 
our  States,  into  the  territory.  Above  the  48°  parallel 
again  other  passes  are  formed  by  the  courses  of  the  rivers 
from  either  side,  which  find  their  way  in  some  places  be- 
tween the  mountains.  There  are  other  ridges  intersecting 
the  face  of  this  vast  country,  but  they  are  principally  off- 
sets or  >urs  of  the  chains  spoken  of  The  principal  of 
these  is  the  Wind  River  cluster,  in  the  east  of  the  Rocky 


118  OREGON. 

Mountains,  from  which  flow  many  of  the  head-waters  of 
the  Missouri  and  the  Yellow  Stone  rivers.  There  is  ano- 
ther long  Hne  of  mountains  which  we  have  omitted  to  men- 
tion in  their  place,  which  take  their  course  from  Mount 
Jackson  to  Mount  Tyler.  They  are  thus  graphically  des- 
cribed by  Lieut.  Wilkes,  page  36.  "  Perpetual  mementoes 
in  the  archives  of  our  nation,  they  form  no  perishable 
notes  of  heraldry  for  the  contempt  of  succeeding  ages,  but 
basing  their  stupendous  data  upon  the  eternal  earth,  pierce 
with  their  awful  grandeur  the  region  of  the  clouds,  to  trans- 
cribe their  records  on  the  face  of  heaven."  The  first  of 
them.  Mount  Jackson,  commences  the  list  in  41°  10  •,  Jef 
ferson,  in  40°  30  ;  Mount  St.  Helen's,  in  46° ;  Van  Buren, 
northwest  of  Fugitt's  Sound,  in  48° ;  Harrison,  east  of  the 
same,  in  47|°;  and  Tyler,  in  49°.  Of  these  mountains. 
Mount  Jackson  is  considered  the  highest ;  rising  above  the 
level  of  the  sea  at  a  distance  of  20,000  feet.  The  next  in  size 
is  Washington,  estimated  at  17,000  or  18,000.  This  moun- 
tain presents  a  beautiful  appearance  to  the  eye.  It  rises 
gradually  from  its  base,  forming  a  perfect  cone,  while  a 
greater  portion  of  it  is  covered  with  perpetual  snow.* 

The  third  region^  or  high  country^  as  described  by 
Wilkes,  is  a  rocky,  barren,  broken  country,  traversed  in 
all  directions  by  stupendous  mountains,  on  the  peaks  of 
which  snow  lies  nearly  all  the  year.  It  is  from  2,000  to 
3,000  feet  above  the  level  of  the  sea,  and,  in  consequence, 
the  rivers  flowing  through  it  westward  to  the  Columbia 
are  broken  at  frequent  intervals  by  the  rugged  descent, 
and  rendered  navigable  almost  throughout  the  whole  of 
their  course.  There  are  but  few  arable  spots  in  this  whole 
section  of  country ;  its  level  plains,  except  narrow  strips 


*  The  limit  of  perpetual  snow  for  these  mountains  is,  according  to  Lieutenant  Wilkes, 
6,500  feet  from  the  level  of  the  sea. 


OREGON.  119 

in  the  immediate  vicinity  of  the  rivers,  being  covered  with 
sand  or  gravel,  and  being  also  generally  volcanic  in  their 
character.  The  distinguishing  features  of  the  territory  are 
its  external  dryness,  and  the  difference  of  iis  temperature 
between  the  day  and  the  night.  It  seldoms  rains,  except 
during  a  few  days  in  the  spring,  and  no  moisture  is  depos- 
ited in  dews.  In  addition  to  these  discouraging  features, 
the  climate,  from  its  enclosure  between  the  snowy  barriers, 
is  extremely  variable ;  a  difference  of  fifty  and  sixty  de- 
grees taking  place  between  sunrise  and  mid-day.  The 
soil  is  moreover  much  impregnated  with  salt  springs,  which 
abound  in  many  places.  Some  of  these  springs  possess 
medicinal  qualities,  and  from  the  beauty  of  their  situation, 
will  doubtless  become,  before  time  is  done,  the  resort  of 
the  fashionable  population  of  western  America. 

Notwithstanding  all  these  unfavorable  qualities,  there 
are  many  small  prairies  within  its  mountains  which,  from 
their  production  of  a  particularly  nutritious  hunch  grass, 
are  well  adapted  for  grazing  purposes,  and  in  despite  of 
its  changeable  climate,  stock  is  found  to  thrive  well,  and  to 
endure  the  severity  of  the  winter  without  protection. 

The  second^  or  middle  region,  of  Oregon,  between  the 
Blue  and  President's  ridges,  is  less  elevated  than  the  third, 
and  consequently  all  the  stern  extremities  of  the  latter  cli- 
mate and  soil  are  proportionably  modified.  Its  main 
height  is  about  a  thousand  feet  above  the  level  of  the  sea, 
and  much  of  its  surface  is  a  rolling  prairie  country,  with 
the  exception  of  the  portion  above  latitude  48°,  which  is 
very  much  broken  by  rivers  and  transverse  mountain  chains. 
It  is  consequently  adapted  only  in  sections  to  farming  pur- 
poses. Plenty  of  game,  however,  is  found  in  the  forests 
of  the  country  to  compensate  for  its  unfitness  for  agricul- 
ture. Below  this  parallel,  and  in  the  middle  of  the  section, 
are  extensive  plains,  admirably  adapted  to  stock  raising. 


120  OREGON. 

from  the  perpetual  verdure  which  always  overspreads  them, 
and  from  the  salubrious  climate  that  prevails  throughout 
the  neighborhood.  Cattle  thrive  even  better  here  than  in 
the  low  country ;  and  there  is  no  necessity  for  housing 
them  at  any  time ;  neither  need  provisions  be  laid  in,  the 
natural  hay,  found  always  in  abundance  on  the  prairies, 
being  preferred  by  them  to  the  fresh  grass  upon  the  bot- 
toms. It  is  in  this  region,  the  Indians  raise  their  immense 
herds  of  horses ;  and  here,  whenever  the  territory  shall  be 
numerously  settled,  may  be  bred  crowds  of  horsemen  who 
would  not  be  excelled  by  any  light  cavalry  in  the  world. 
The  southern  portion  of  this  region,  as  it  advances  to  the 
boundary  line,  becomes  less  favorable  to  the  purposes  of 
man,  and  loses  its  fertility  by  rolling  into  swelling  sand-hills, 
producing  nothing  but  the  wild  wormwood,  mixed  with  prick- 
ly pear,  and  a  sparse  sprinkling  of  short  bunch  grass. 

The  first  region  is  that  which  lies  along  the  coast,  and 
extends  westward  to  the  line  of  the  President's  range  of 
mountains.  The  portion  of  this  lying  north  of  the  Colum- 
bia, and  between  it  and  the  Straits  of  De  Fuca,  is  a  heav- 
ily timbered  country,  covered  with  trees  of  extraordinary 
size.  It  has,  however,  its  spaces  of  prairie,  in  which  good 
pasturage  is  found ;  and  it  has  also  some  fine  arable  land. 
This  section  is  watered  by  four  rivers,  of  which  the  Chick- 
elis,  disemboguing  into  the  Columbia,  and  the  Cowelitz, 
emptying  into  the  sea  at  Gray's  Harbor,  are  the  most  im- 
portant. The  forests  of  this  portion  of  the  lower  region  are  its 
great  feature.  They  consist  of  pine,  fir,  spruce,  red  and  white 
oak,  ash,  arbutus,  arbor  vitas,  cedar,  poplar,  maple,  willow, 
cherry,  and  yew,  with  so  close  and  matted  an  undergrowth 
of  hazel  and  other  brambles,  as  to  render  them  almost  impen- 
etrable to  the  foot  of  man.  Most  of  the  trees  are  of  an  enor- 
mous bulk;  and  they  are  studded  so  thickly  that  they  rise  be- 


OREGON.  121 

fore  the  beholder  like  a  stupendous  and  impregnable  solidity , 
which  declares  futile  all  ordinary  attempts  to  penetrate  it. 
This  astonishing  exuberance  is  not  confined  alone  to 
the  timber  of  the  section  north  of  the  Columbia ;  for  we 
have  an  account  of  a  fir  growing  at  Astoria,  eight  miles 
from  the  ocean,  on  the  southern  bank  of  the  Columbia, 
which  measured  forty-six  feet  in  circumference,  at  ten  feet 
from  the  ground,  ascended  one  hundred  and  fifty-three  feet 
before  giving  off  a  branch,  and  was  three  hundred  feet  in 
its  whole  height.  Another  tree  of  the  same  species  is  said 
to  be  standing  on  the  Umpqua,  the  trunk  of  which  is  fifty- 
seven  feet  in  circumference,  and  two  hundred  and  sixteen 
feet  in  height.  Prime  sound  pines,  from  two  hundred  to  two 
hundred  and  eighty  feet,  and  from  twenty  to  fifty  in  cir- 
cumference, are  by  no  means  uncommon.  The  value  of 
this  spontaneous  wealth  has  already  been  appreciated  by 
the  acute  company  who  reign  commercially  predominant 
in  this  region ;  for  alrei  dy  their  untiring  sawmills,  plied  by 
gangs  of  Sandwich  Islanders  and  servile  Iroquois,  cut 
daily,  at  Fort  Vancouver  alone,  thousands  of  feet  of  plank, 
which  are  transported  regularly  to  the  markets  of  the  Pa- 
cific islands.  But  to  return  to  that  section  of  the  lower 
region  lying  between  the  Columbia  and  the  Straits  of 
Fuca.  '  • :.:.  o; 

The  banks  of  the  Cowelitz  are  generally  bare  of  timber, 
and  the  soil  in  their  immediate  vicinity  is,  for  the  most  part, 
poor.  The  Hudson  Bay  Company  have,  however,  a  fine 
farm  of  600  acres  in  its  western  valley,  which,  in  1841, 
produced  1,000  bushels  of  wheat.  The  average  produce 
is  twenty  bushels  to  the  acre.  They  have  also  a  saw  and 
grist-mill  now  in  operation  there,  both  of  which  find  a  mar- 
ket for  their  products  in  the  Sandwich  and  other  islands 
of  Polynesia.    Live  stock  does  not  succeed  well  on  these 


122  OREGON. 

farms;  and  this  is  owing  to  the  Jibsence  of  low  prairie 
grounds  near  the  river,  and  also  to  the  extensive  depreda 
lions  of  the  wolves.  The  hilly  portion  of  the  country  im 
mediately  around,  though  its  soil  is  very  good,  is  too  heav 
ily  timbered  to  be  available  for  agricultural  purposes ;  and 
this  is  also  the  case  with  many  portions  of  the  level  land. 
There  are,  however,  large  tracts  of  fine  prairie  at  intervals 
between,  suitable  for  cultivation,  and  ready  for  the  plough. 
Proceeding  northward,  we  come  to  Fort  Nasqually,  a  fine 
harbor  at  the  southern  point  of  Fugitt's  Sound.  Here  the 
Hudson  Bay  Company  have  another  fine  settlement,  and 
raise  wheat,  (15  bushels  to  the  acre,)  oats,  peas,  potatoes, 
and  make  butter,  for  the  Russian  settlements.  On  the 
islands  of  the  sound,  and  on  the  upper  sections  of  Admiralty 
Inlet,  the  Indians  cultivate  potatoes  in  great  abundance. 
These  vegetables  are  extremely  fine,  and  constitute  a  large 
portion  of  their  food. 

We  come  now  to  a  lower  region  lying  south  of  the  Co 
lumbia,  between  the  President's  range  and  the  coast.  This, 
by  universal  agreement,  is  admitted  to  be  the  finest  portion 
of  all  Oregon.  It  is  entered  by  the  Wallamette  river, 
about  five  miles  below  Vancouver,  which  stream  extends 
into  its  bosom  over  two  hundred  miles.  This  river  is  nav- 
igable for  steamboats  and  vessels  of  light  draught  for 
nearly  forty  miles,  when  yoi:  come  to  a  falls.  The  inva- 
riable feature  of  the  rivers  of  this  territory  above  the  falls 
are  the  principal  settlements  of  Oregon.  Here  the  Amer- 
ican adventurers  have  principally  established  themselves ; 
and  by  the  contributions  of  the  emigrants  from  the  States, 
their  number  is  rapidly  increasing.  The  fertile  portion  of 
the  valley  of  the  Wallamette  is  about  two  hundred  and 
fifty  miles  long,  and  averages  about  seventy  in  width,  mak- 
ing in  all  a  surface  of  more  than  17,000  square  miles  of 
rich  arable  land.     The  soil  is  an  unctuous,  heavy,  black 


OREGON.  1*23 

loam,  which  yields  to  the  producer  a  rea'ly  and  profuse  re 
turn  for  the  sHghtest  outlay  of  his  labor.  The  climate  is  mild 
throughout  the  year,  but  the  summer  is  warm,  and  very 
dry.  From  April  to  October,  while  the  sea-breezes  pre- 
vail, rain  seldom  falls  in  any  part  of  Oregon.  During  the 
other  months,  and  while  the  south  winds  blow,  the  rains 
are  frequent,  and  at  times  abundant.  In  the  valleys  of  the 
low  country  snow  is  seldom  seen,  and  the  ground  is  so 
rarely  frozen,  that  ploughing  may  be  generally  carried 
on  the  whole  winter.  In  1834,  the  Columbia  was  trozen 
over  for  thirteen  days ;  but  this  was  principally  attributable 
to  the  accumulation  of  ice  from  above."  -i 

Lieutenant  Wilkes  says  of  the  neighboring  country : 
"The  wheat  yields  thirty-five  or  forty  bushels  for  one  bush- 
el sown,  or  from  twenty  to  thirty  to  the  acre.  Its  quality 
is  superior  to  that  grown  in  the  United  States,  and  its 
weight  is  nearly  four  pounds  to  the  bushel  heavier.  The 
above  is  the  yield  of  the  new  land,  but  it  is  believed  it  will 
greatly  exceed  this  after  the  third  crop,  when  the  land  has 
been  broken  up  and  well  tilled.  In  comparison  to  our 
country,  we  would  say,  that  the  labor  necessary  to  acquire 
wealth  or  subsistence,  is  in  proportion  of  one  to  three  ;  or, 
in  other  words,  a  man  must  work  through  the  year  three 
times  as  much  in  the  United  States  to  gain  the  same  com- 
petency. The  care  of  stock,  which  occupies  so  much 
time  with  us,  requires  no  attention  here,  and  on  the  in- 
crease alone  a  man  might  find  support."  '    •• 

South  of  the  valley  of  the  Wallamette  we  come  to  that 
of  the  Umpqua,  in  which  is  found  large  prairies  of  unsur- 
passable arable  land,  though  the  vicinage  of  the  river  is 
chiefly  remarkable  for  its  gigantic  pine  timber.  Some  idea 
of  the  extraordinary  size  of  the  forest  trees  may  be  obtain- 
ed from  the  fact,  that  their  seed  cones  are  sometimes  more 
than  a  foot  in  length.     Below  the  Umpqua,  we  next  ar 


124  U  RE  GO  IV. 

rive  at  the  country  watered  by  the  Tootootua,  or  Rogue's 
river,  and  beyond  that  to  the  voluptuous  valley  of  the  Kla- 
met.  These  lower  portions  of  the  first  region  are  thought 
by  many  to  be  the  paradise  of  the  whole  territory,  excel- 
ling in  richness  of  soil  and  voluptuousness  of  climate  even 
the  celebrated  valley  of  the  Wallamette.  Of  this  opinion 
is  Lieutenant  Wilkes,  to  whose  exertions  and  researches 
we  are  indebted  for  most  of  our  accurate,  geographical 
knowledge  of  the  western  portion  of  <  regon.  Indeed, 
probability  seems  to  be  in  favor  of  regarding  the  valleys  of 
the  Klamet  and  Tootootua  and  the  Umpqua  as  the  gar- 
dens of  the  west,  and  the  cause  of  the  preference  of  the 
northern  portion  is  to  be  attributed  mostly  to  the  readier 
access  afforded  to  them  by  the  avenue  of  the  Columbia. 
Population  is  already  gradually  approaching  further  and 
further  south,  and  but  few  years  will  elapse  before  coasters 
will  be  running  down  to  the  mouths  of  those  three  rivers 
for  their  agricultural  products.  We  had  prepared  quite  an 
accurate  description  of  the  rivers  of  the  territory  from  the 
different  maps  that  have  appeared,  but  the  description  con. 
tained  in  the  volume  of  Mr.  George  Wilkes,  beings  we 
think,  superior,  as  far  as  accuracy  is  concerned,  we  shall 
insert  a  portion  of  it :       i  ../.    .  .-  .:    ,fr       hiy 

'*=■'•••'■■•  '--"■■■  Rivers.  '    •-    ■    '  ^  ;  '  ^  »-^ 

The  northern  branch  of  the  Columbia  river  rises  in  lati- 
tude 50°  north  and  116°  west  from  Greenwich ;  thence  it 
pursues  a  northern  route  to  McGillerary's  pass  in  the  Rocky 
Mountains ;  there  it  meets  the  Canoe  river,  and  by  that  tri- 
butary ascends  northwesterly  for  eight  miles  more.  At 
the  Boat  Encampment  at  the  Pass,  another  stream  also 
joins  it  through  the  mountains ;  and  here  the  Columbia  is 
3,600  feet  above  the  level  of  the  sea.  It  now  turns  south, 
having  some  obstructions  to  its  safe  navigation,  in  the  way 


OREGON.  125 

of  rapids,  receiving  many  tributaries  in  its  course  to  Col- 
ville,  and  two  smaller  tributaries  higher  up  trom  the  west, 
are  the  chief.  This  great  river  is  bounded  thus  far  in  its 
course  by  a  range  of  high,  v/ell-wooded  mountains,  and 
in  places  extends  with  a  line  of  lakes  before  it  reaches 
Colville,  where  it  is  2,049  feet  above  the  level  of  the  sea, 
having  a  fall  of  550  feet  in  2*20  miles.  Fort  Colville  stands 
on  a  plain  of  2,000  or  3,000  acres.  There  the  Hudson 
Bay  Company  have  a  considerable  settlement,  and  a  farm 
under  cultivation,  producing  from  3,000  to  4,000  bushels  of 
different  grains,  with  which  many  of  their  other  forts  are 
supplied.  On  Clark's  river  the  company  have  another 
fort,  called  Flat  Head  House,  situated  in  a  rich  and  beau- 
tiful country  spreading  westward  to  the  basis  of  the  Rocky 
Mountains.  On  the  Flatbow,  also,  the  Company  have  a 
fort  named  Fort  Koolamie. 

From  Fort  Colville  the  Columbia  tends  westward  for 
about  sixty  miles,  and  then  receives  the  Spokan  from  the 
south.  This  river  rises  in  the  lake  of  the  Pointed  Heart, 
which  lies  in  the  bosom  of  extended  plains  of  the  same 
name.  It  pursues  a  northwesterly  course  for  about  200 
miles,  and  empties  into  the  Columbia.  Its  valleys,  accord- 
ing to  Mr.  Spalding,  an  American  missionary,  who  survey- 
ed it,  may  be  extensively  used  as  a  grazing  district,  but  its 
agricultural  capabilities  are  limited.  The  chief  features 
of  this  region,  are  like  those  of  the  upper  country,  through 
which  we  have  already  traced  the  Columbia  and  its  tribu- 
taries, extensive  forests  of  timber  and  wide  sandy  plains, 
intersected  by  bold  and  high  mountains.  v'^*. I  ** 

From  the  Spokan,  the  Columbia  continues  its  westerly 
course  for  sixty  miles,  receiving  several  smaller  streams, 
until  it  comes  to  the  Okanagan,  a  river  finding  its  source 
in  a  line  of  lakes  to  the  north,  and  affording  boat  and  ca- 
noe navigation  to  a  considerable  extent  up  its  course.  On 
10 


126  OREGON. 

the  east  side  of  this  river,  and  near  its  junction  with  the 
Columbia,  the  company  have  another  station  called  Fort 
Okanagan.  Though  the  country  bordering  on  the  Oka- 
nagan  is  generally  worthless,  this  settlement  is  situated 
among  a  number  of  small,  but  rich  and  arable  plains. 
After  passing  the  Okanagan,  the  Columbia  takes  a  south- 
ern turn,  and  runs  in  that  direction,  for  160  miles,  to  Wal- 
lawalla,  receiving  in  its  course  the  Piscons,  the  Okama,  and 
Entgatecoom,  from  the  west,  and,  lastly,  the  Saptin,  or 
Lewis  river,  from  the  south.  From  this  point  the  part  of 
the  Columbia  which  we  have  traced,  though  obstructed 
by  rapids,  is  navigable  for  canoes  to  the  Boat  Encamp- 
ment^  a  distance  of  500  miles  to  the  north.  The  Saptin 
takes  its  rise  in  the  Rocky  Mountains,  passes  through  the 
Blue,  and  reaches  the  Cc  '.ia,  afler  having  pursued  a 
northwesterly  direction  for  5*20  miles.  It  brings  a  large 
volume  of  water  to  the  latter  stream,  but  in  consequence 
of  its  extensive  and  numerous  rapids,  it  is  not  navigable 
even  for  canoes,  except  in  reaches.  This  circumstance  is 
to  be  deplored,  as  its  course  is  the  line  of  route  for  the  em- 
igration from  the  States.  It  receives  a  large  number  of 
tributaries,  of  which  the  Kooskooski  and  Salmon  are  the 
chief.  Our  previous  account  of  the  arid  and  volcanic 
character  of  this  region  obviates  the  necessity  of  a  further 
description  here.  There  is  a  trading  station  near  the  Sap- 
tin, not  far  from  the  southern  boundary  line,  called  Fort 
Hale,  and  one  also  near  its  junction  with  the  Columbia, 
called  Fort  Wallawaha.  The  Columbia  at  Wallawalla 
is  1,284  feet  above  the  level  of  the  sea,  and  about  3,500 
feet  wide.  It  now  takes  its  last  turn  to  the  westward,  pur- 
suing a  rapid  course  of  80  miles  to  the  Cascades,  and  re- 
ceiving the  Umatilla,  Quesnels,  John  Day's,  and  Chut« 
rivers  from  the  south,  and  Cathlatates  from  the  north.  At 
the  Cascades  the  navigation  of  the  river  is  again  obBtmct- 


OREGON.  127 

ed  by  rapids ;  after  passing  these,  it  is  navigable  for  120 
miles  to  the  ocean.  The  only  other  great  independent 
river  in  the  territory  is  the  Tacoutche,  or  Eraser's  river. 
It  takes  its  rise  in  the  Rocky  mountains,  near  the  source 
of  Canoe  river ;  thence  it  takes  a  northwesterly  course  for 
80  miles,  when  it  makes  a  turn  southward,  receiving  Stew- 
art's river.  The  Tacoutche  pursues  a  southerly  course, 
until  it  reaches  latitude  49°,  where  it  breaks  through  the 
Cascade  range  in  a  succession  of  falls  and  rapids,  then 
turns  to  the  west,  and  after  a  course  of  70  miles  more, 
empties  into  the  Gulf  of  Georgia,  on  the  Straits  of  Fuca, 
in  latitude  47°  07 .  Its  whole  length  is  350  miles,  but  it  is 
only  navigable  for  70  miles  from  its  mouth  by  vessels  draw- 
ing 12  feet  water.  It  has  three  trading-posts  upon  it  belong- 
ing to  the  company — Fort  Langley,  at  its  mouth,  Fort 
Alexandria  at  the  junction  of  a  small  stream  a  few  miles 
south  of  Quesnel's  river,  and  another  at  the  junction  of 
Stewart's  river.  The  country  drained  by  this  river  is  poor, 
and  generally  unfit  for  cultivation.  The  climate  is  extreme 
in  its  variation  of  heat  and  cold ;  and  in  the  fall  months 
dense  fogs  prevail,  which  bar  every  object  from  the  eye 
beyond  the  distance  of  a  hundred  yards.  -  -'^*^ 

The  chief  features  of  the  section  are  extensive  forests, 
transverse  ranges  of  low  countries,  and  vast  tracts  of 
marshes  and  lakes,  formed  by  the  streams  descending  from 
the  surrounding  heights.  The  character  of  the  great  rivers 
is  peculiar — rapid  and  sunken  much  below  the  country, 
with  perpendicular  banks.  They  run,  as  it  were,  in 
trenches,  which  makes  it  extremely  difficult  to  get  at  the 
water  in  many  places,  owing  to  their  steep,  basaltic  walls.. 
They  are  at  many  points  contracted  by  dalles  in  narrows, 
which,  during  the  rise,  back  the  water  some  distance, 
submerging  islands  and  tracts  of  low  prairie,  and  giving 
them  the  appearance  of  extensive  lakes.     The  soil  along 


128  OREGON. 

the  river  bottoms  is  generally  alluvial,  and  would  yield 
good  crops  were  it  not  for  the  overflowings  of  the  river, 
which  check  and  kill  the  grain.  Some  of  the  fmest  por- 
tions of  the  land  are  thus  uniitted  for  cultivation.  They 
are  generally  covered  with  water  before  the  banks  are 
overflown,  in  consequence  of  the  quicksands  that  exist  in 
them,  and  through  which  the  water  percolates.  "The 
rise  of  the  streams  flowing  from  the  Cascade  Mountains 
takes  place  twice  in  the  year,  in  February  and  November, 
and  are  produced  by  heavy  and  abundant  rains.  The  rise 
of  the  Columbia  takes  place  in  May  and  June,  and  is  at- 
tributable to  the  melting  of  the  snows.  Sometimes  the 
swell  of  the  latter  is  very  sudden,  if  heavy  rains  should  also 
fall  at  that  period ;  but  it  is  generally  gradual,  and  reaches 
its  greatest  heighth  from  the  6th  to  the  15th  of  June.  Its 
perpendicular  rise  is  from  16  to  20  feet  at  Vancouver, 
where  a  line  of  embankment  has  been  thrown  up  to  pro- 
tect the  lower  prairie ;  but  it  has  been  generally  flooded 
during  these  visitations,  and  the  crops  often  destroyed. 
The  greatest  rise  of  the  Wallamette  takes  place  in  Febru- 
ary, and  sometimes  ascending  to  the  heighth  of  20  feet, 
does  considerable  damage.  Both  of  these  rivers  and  the 
Cowelitz  are  much  swollen  by  the  backing  of  their  waters 
during  the  height  of  the  Columbia ;  all  the  lower  grounds 
being  at  times  submerged.  This  puts  an  eflectual  bar  to 
the  border  prairies  being  used  for  any  thing  but  pasturage. 
This,  happily,  is  fine  throughout  the  year,  except  in  the 
season  of  floods,  when  the  cattle  have  to  be  driven  to  the 
high  grounds.  It  is  almost  impossible  at  the  present  time 
to  form  a  correct  estimate  of  the  population  of  the  Ore- 
gon territory ;  the  number  has  been  oft:en  reckoned,  but 
with  no  degree  of  certainty.  Lieutenant  Wilkes  supposes 
thjfit  there  are  about  20,000,  of  whom  19,000  are  aborigi- 
nees  and  the  remainder  whites.    This  calculation  was 


OREGON 


129 


made,  however,  several  years  ago,  while,  during  the  inter- 
val, the  tide  of  emigration  has  been  constantly  increasing. 
We  can  now  safely  set  down  the  whole  population  as 
numbering  from  twenty-two  to  twenty-five  thousand.  We 
do  not  include  in  this  number  the  serfs  and  Sandwich  Island- 
ers, who  are  scattered  about  in  different  parts  of  the  territory. 
The  number  of  aboriginal  inhabitants  can  hardly  be  ascer- 
tained with  any  accuracy ;  for  in  fishing  seasons  they  move 
about  from  place  to  place,  and  sometimes  remain  per- 
manently wherever  they  can  find  the  best  land  and  loca- 
tion. The  number  of  Indians  in  this  territory,  as  is  already 
known,  are  very  great.  We  shall  here  introduce  a  tabu- 
lar statement,  prepared  by  Mr.  Crawford,  for  the  use  of 
Congress. 

Indians  west  of  the  Rocky  mountains,  in  the  Oregon  district ,  and 

their  numhers. 


Nes  Perces 

- 

Cutlashoots 

-       430 

Ponderas 

- 

Willenohs 

-    1,000 

Fiatheads 

800 

Smacsops 

200 

Cour  D'Alene 

-     1,800 

Echebools 

-    1,000 

Shosones 

- 

Eivesteurs 

-    1,200 

Callapooahs 

- 

Chamoappans 

400 

Umbaquahs 

- 

Lekulks  - 

-    3,000 

Kiguel     - 

- 

Chunnapuns 

-    2,000 

Spokens  - 

- 

Shallatolos 

200 

Oknanagans 

- 

Spearmaros 

240 

Cootomiies 

- 

Saddals    - 

400 

Chilte      - 

- 

Wallawallahs 

-    2,600 

Chenooks 

400 

Chopunmohees    - 

-    3,000 

Snakes     - 

-     1,000 

Pohahs    - 

1,000 

Cuthlamuhs 

200 

Chillo  Kittequaws 

-    2,400 

Wahkenkumes    - 

200 

Wahupums 

-    1,000 

Skillutts  - 

-    2,500 

Clackainurs 

-    1,800 

Whole  number 

-  29,570 

130  OREGON. 

The  Indians  generally  on  the  main  land  are  kind  and 
friendly.  The  most  warhke  are  those  which  live  in  the 
islands  of  the  north.  They  are,  however,  rapidly  passing 
away  before  the  advancing  destiny  of  a  superior  race ;  and 
soon  but  few  will  be  left  of  the  many  thousands  who  once 
happily  lived.  In  the  Wallamette  valley,  their  favorite 
country,  where  they  hunted  and  fished,  and  had  their 
dances,  there  are  but  a  few  remnants  lefl,  and  they  are  dis- 
pirited and  broken-hearted.  On  the  Columbia  river,  near 
its  mouth,  a  small  number  of  them  live,  and  also  about  the 
Cascades  and  the  Dalles  large  parties  of  them  may  be 
found.  Their  situations,  as  we  have  before  said,  are  much 
to  be  deplored.  Their  inexhaustible  resources  have  been 
taken  from  them,  their  bows  are  unstrung,  and  from  "  lords 
of  the  soil,"  they  have  sunk  to  the  degradation  of  its  slaves. 
A  portion  of  the  independence  of  the  Kinsesand  Nes  Per- 
ces  is  still  maintained.  Many  of  them  have  ad  <  anced  rap- 
idly in  civilization ;  and,  no  doubt,  would  adapt  themselves 
to  a  methodical  system  of  life,  were  not  the  first  lessons 
of  the  science  an  exaction  of  their  labors  for  the  benefit 
of  others.  At  the  present,  they  can  only  be  regarded  in  the 
light  of  a  servile  population,  which,  in  the  existing  dearth 
of  labor,  is  rendered  of  vast  service  to  the  active  settler. 
The  missionaries  exert  a  very  strong  influence  over  the 
Indians,  particularly  within  the  last  few  years,  since  the 
Territory  has  begun  to  be  christianized.  Not  a  great 
deal,  we  are  told,  has  been  done  towards  christianizing, 
the  natives  being  principally  engaged  in  cultivating  the 
mission  farms,  and  in  the  increase  of  their  own  flocks  and 
herds.  "  As  far  as  my  personal  observation  went,  says  a 
writer,  there  are  very  few  Indians  to  engage  their  attention, 
and  they  seemed  more  occupied  with  the  settlement  of  the 
country  and  agricultural  pursuits  than  in  missionary  la- 
bors."   We  need  not  despair,  however,  of  reclaiming  this 


OREGON.  131 

whole  territory,  looking  to  the  rapid  progression  of  good 
morals  and  habits.  The  settlers  in  the  neighborhood  of 
the  Wallamette  are  becoming  prudent  and  correct,  and 
many  of  them  regular  in  the  discharge  of  their  rehgioua 
and  worldly  duties. 

It  appears  that  on  a  certain  occasion,  when  the  Oregon 
question  was  being  discussed  in  the  House  of  Lords,  be- 
fore a  large  and  intelligent  audience,  Lord  Ashburton  had 
in  his  pocket  '-'•MitchelVs  map'''  of  1783,  which  was  taken 
'  from  the  hbrary  of  George  the  Third,  without  his  know^ 
ledge  or  consent.  This  map,  strange  to  say^  though  pre^ 
pared  by  a  British  subject,  and  accurately  too,  as  was  af^ 
terwards  affirmed  throughout  £ngland  by  men  of  sound 
sense  and  clear  judgment,  gives  to  the  United  States  un^ 
disputed  possession,  and  estabhshes  beyond  doubt  it^ 
right  and  title,  and  denying  to  Great  Britain  the  possession 
of  one  "foot  of  the  territory."  The  following  is  an  extract 
of  a  speech  delivered  by  Sir  Robert  Peel,  in  the  House  of 
Commons,  on  the  28th  of  March,  1843  :     .i^.m  oi  ,vi^»u  ct 

**But  there  is  still  another  map.  Here,  in  this  country,  in  the  library 
of  the  late  King,  was  deposited  a  map,  by  Mitchell,  of  the  date  of  1753, 
That  map  was  in  the  possession  of  the  late  King,  and  was  also  in  pos- 
session of  the  noble  lord ;  but  he  did  not  communicate  its  contents  to 
Mr.  Webster.  [Hear,  hear.]  It  is  marked  by  a  broad  red  linej  and 
on  that  line  is  written 'boundary  as  described  b)'^  our  negotiator,  Mr. 
Oswald;'  and  thaf  line  follows  the  claim  of  the  United  States.  [Hear, 
hear.]  That  map  was  on  an  extended  scale.  It  was  in  possession  of 
the  late  King,  who  was  particularly  curious  in  relation  to  geographical 
inquiries.  On  that  map,  I  repeat,  is  placed  the  boundary  Une — that 
claimed  by  the  United  States — and  on  four  different  places  of  that  line, 
*  boundary,  as  described  by  our  negotiator,  Mr.  Oswald.'  "      ,{  iXPii- 

About  this  time  the  question  was  eliciting  profound  in- 
terest, and  Lord  Brougham,  who  delivered  some  time  after 
^  great  and  elaborate  speech,  characterized  by  close  study 
and  careful  examination,  held  the  idea  up  to  scorn  and 


13^  OREGON. 

ridicule,  conlending  that  Lord  Ashburton  was  bound  to 
show  this  map  to  Mr.  Webster.  His  lordship  was  of  opin- 
ion that  the  handwriting  on  the  face  of  the  map,  describ- 
ing the  American  and  not  the  British  claim,  "is  the 
handwriting  of  George  III  himself,"  Mr.  Oswald  knowing 
nothing  of  it  at  all.  After  stating  that  the  library  of  George 
III,  by  the  munificence  of  George  IV,  was  given  to  the 
British  Museum,  he  says:  "This  map  must  have  been 
there ;  but  it  is  a  curious  circumstance  that  it  is  not  there 
now.  [Laughter.]  I  suppose  it  must  have  been  taken  out 
of  the  British  Museum,  for  the  purpose  of  being  sent  over 
to  my  noble  friend  in  America,  [hear,  hear,  and  laughter ;] 
and  which,  according  to  the  new  doctrines  of  diplomacy, 
he  was  bound  to  have  taken  over  with  him,  to  show  that  he 
had  no  case — that  he  had  not  a  leg  to  stand  upon.  And 
again.  But,  somehow  or  other,  that  map,  which  entirely 
destroys  our  contentions,  and  gives  all  to  the  Ameri- 
cans, has  been  removed  from  the  British  Museum,  and 
is  now  to  be  found  at  the  Foreign  Office."  Sir  Robert 
Peel  evidently,  with  his  accustomed  acuteness,  a  "oids  the 
truth  of  the  story,  attributing  the  fact  of  the  King's  having 
the  map  to  the  interest  felt  by  him  respecting  the  geo- 
graphical condition  of  the  country.  It  would  be  a  little 
strange,  the  King  desiring  an  accurate  boundary,  and  ex- 
erting every  effort  to  obtain  one,  should  Mr.  Oswald  have 
furnished  him  with  a  false  view,  suited  to  his  own  notions, 
and  in  non-conformity  with  glaring  facts.  Justly  has  Lord 
Brougham  declared,  "  that  if  this  map  had  been  produced, 
the  British  Government  would  not  have  had  one  leg  to 
stand  upon."  There  would  have  been  an  open  and  avow- 
ed acknowledgment  made  of  the  strength  of  our  claims, 
by  a  great  and  prominent  man  of  the  Opposition,  which 
would  have  put  at  rest  at  once  all  further  difficulty.  What 
did  Lord  Ashburton  say,  in  reference  to  the  British  title. 


OREGON.  133 

during  the  negotiation?  Did  he  suppress  the  fact  that 
MitchelPs  map  had  actually  appeared,  which  had  rendered 
null  the  right  of  his  own  country  ?  He  expressed  his  de- 
cided friendship  for  the  United  States ;  that  he  had  exert- 
ed every  effort  in  his  power  to  avert  the  late  war,  which 
no  one  can  deny,  and  which  attaches  very  great  credit  to 
him ;  but,  after  all,  he  declares,  with  MitchelPs  map  in 
his  pocket,  in  a  letter  written  to  Mr.  Webster  on  the  21st 
of  June,  1842,  as  follows : 

^^  I  will  only  here  add  the  most  solemn  assurance,  which 
I  would  not  lightly  make,  that,  afler  a  long  and  careful  ex- 
amination of  all  the  arguments  and  inferences,  direct  and 
circumstantial,  bearing  on  the  whole  of  this  truly  difficult 
question,  it  is  my  settled  conviction,  that  it  was  the  inten- 
tion of  the  parties  to  the  treaty  of  peace  of  1783,  however 
imperfectly  those  intentions  may  have  been  executed,  to 
leave  to  Great  Britain,  by  their  description  of  boundaries, 
the  whole  of  the  waters  of  the  river  St.  John."  (Page  40.) 
It  cannot  be  denied  for  a  moment,  after  the  facts  that  have 
been  adduced,  which  are  recorded  in  the  public  archives, 
and  credited  by  all  impartial  men,  that  this  ''  boundary 
line"  was  clearly  established  in  the  mind  of  the  King.  And 
surely  it  would  never  have  been  introduced  into  Parlia- 
ment had  no  importance  been  attached  to  it.  .    ; 


CHAP.  VII. 
Shall  Oregon  be  surrendered  to  Great  Britain  f 

We  take  it  for  granted  that  this  question  need  not  be 
asked,  as  it  implies  a  doubt  in  the  minds  of  the  American 
people  of  the  justice  and  propriety  of  extending  our  juris- 
diction and  laws  over  the  territory  of  Oregon.  Of  the  va- 
lidity of  our  title,  as  far  as  its  legality  is  concerned,  the 
fairness  of  the  demand,  and  of  the  honorable  motives  that 
promt  our  demand,  we  have  never  had  a  doubt.         '•'^'''  ' 

For  all  the  purposes  of  settlement  and  commercial  en- 
terprise this  territory  opens  an  invaluable  field.  Hence  it 
is  that  so  many  powers  at  one  time  set  forth  their  claims. 
Many  arguments  have  been  brought  forward  by  each  par- 
ty, some  of  them  spirited  and  ingenious,  in  the  support  of 
their  rights,  but  we  regard  them  as  too  flimsy  to  deserve 
notice.  Should  they  be  obscure  and  inconclusive,  the  as- 
pect of  the  case  would  not  be  changed  in  the  least.  We 
have  been  careful  in  introducing  plain  legal  principles, 
strictly  authorized  by  the  law  of  nations ;  and  if  they  are 
ineffectual  in  bringing  about  correct  conclusions,  it  is  very 
certain  that  collateral  views  and  arguments  can  avail 
nothing.  The  proposition  made  on  the  American  side  for 
the  settlement  and  final  adjustment  of  this  question  was, 
that  the  line  of  the  49th  parallel,  the  boundary  on  this  side 
of  the  mountains,  should  be  continued  to  the  Pacific ;  and 
on  the  British  side,  that  the  line  should  be  continued  only 
to  the  head-waters  of  the  Oregon  river,  and  thence  down 
that  river  to  the  sea,  the  stream  being  the  boundary,  and 
to  continue  forever  common  to  the  two  nations. 

From  what  we  can  learn,  these  were  the  terms  proposed 
in  the  late  negotiation.  If  other  plans  were  suggested,  we 
have  not  as  yet  been  apprised  of  them.     Our  opinion  on 


OREGON.  135 

the  subject  is  fixed  and  unalterable ;  that  our  claims 
are  just  and  founded  on  law,  as  contained  in  Vattel, 
PuffendoriT,  and  other  writers  on  international  law,  and 
should  be  so  regarded  by  every  nation  on  the  globe,  we 
can  never  doubt.  And  we  cannot  help  beheving,  after 
taking  no  little  interest  in  the  subject,  through  all  its 
stages  to  the  present  time,  that  we  speak  the  opinion 
of  a  large  majority  of  the  intelligent  portion  of  the  Amer- 
ican people  when  we  say,  that  the  49th  parallel  is  a 
reasonable,  fair,  and  proper  compromise,  and  the  south- 
ernmost limit  which  should  be  agreed  upon  by  the  United 
States.  Great  caution  and  prudence  should  be  observed 
on  committing  this  question  for  settlement  to  any  individ- 
ual or  set  of  individuals.  Look  to  what  it  involves,  the 
interest  which  it  has  very  naturally  and  properly  excited, 
not  only  in  America  and  the  neighboring  countries,  but,  in 
truth,  in  the  most  remote  regions.  It  should  be  entrusted 
to  the  arbitrament  of  no  European  sovereign ;  indeed,  to 
no  one  whose  patriotism  and  ability  have  not  been  fairly 
and  fully  tested.  We  have  spoken  boldly  and  openly,  af- 
firming our  unquestionable  right  to  a  certain  portion  of 
this  territory,  adduced  arguments,  facts,  and  data  in  main- 
tenance of  the  position  assumed  ;  and  it  is  now  our  duty  to 
submit  to  no  compromise — to  no  half-way  and  indefinite 
agreement — to  listen  to  no  threats,  however  violent  or  au- 
thoritative they  may  be,  or  from  whatever  source  they  may 
come;  and  under  no  circumstances  to  recede  one-hun- 
dredth part  of  an  inch  from  the  49th  parallel.  By  this  line 
the  territory  would  be  divided  into  two  separate  divisions : 
one  boundary  would  be  carried  in  almost  a  straight  line 
from  the  Lake  of  the  Woods  to  the  South  Sea,  and  we 
would  be  thus  possessed  of  what  we  most  want,  the  safe 
and  excellent  harbors  in  the  neighborhood  of  Fuca  Straits, 
and  the  almost  entire  control  of  the  Columbia  river.     As 


136  OREGON. 

far  as  the  coast  is  concerned,  what  more  do  we  want  than 
this  ?  We  have  all  its  advantages — all  that  can  be  had. 
This  is  probably  one  of  the  most  valuable  portions  of  the 
whole  country  west  of  the  Rocky  Mountains — inexhausti- 
ble in  its  soil.,  admirably  adapted  to  fishing  and  hunting, 
and  valuable  in  location.  But  suppose  that  this  arrange- 
ment would  not  satisfy  us — that  the  body  of  the  American 
people  positively  and  sternly  objected,  demanding  the 
whole  territory,  from  the  Mississippi  to  the  Pacific  Ocean. 
A  demand  like  this,  in  view  of  the  different  cessions  and 
treaties,  and  afler  the  avowed  and  tacit  acknowledgments 
made  by  our  ministers  and  Secretaries,  giving  to  Great 
Britain  at  one  time  the  right  of  joint  occupancy,  and  at 
another  extending  the  privilege  of  navigation  into  the  in- 
terior of  the  country,  would  be  a  gross  violation  of  the  na- 
tional honor,  a  slur  upon  our  honesty,  which  would  be  vis- 
ited upon  the  latest  of  our  posterity,  and  worthy  of  the 
prompt  resistance  of  Great  Britain.  The  good  old  max- 
im, that  "  what  is  right  can  never  be  made  wrong,"  holds 
good  with  nations  as  well  as  with  individuals.  The  con- 
cessions that  have  been  made  by  our  Government  have  been 
all  entered  of  record ;  they  face  the  world ;  and  no  change 
of  circumstances,  no  step,  can  destroy  their  foice  or  ef- 
fect. We  should  not  close  the  door  to  negotiation ;  this 
would  be  an  anomaly  in  the  history  of  nations  ;  but  we 
should  endeavor,  by  peaceable  means,  to  persuade  Eng- 
land, introducing  plain  and  fixed  facts,  that  our  claims  are 
true;  and  that  we  are  determined,  at  all  hazards  and  ai  all 
costs,  to  maintain  our  ground.  If  the  Government  owes 
any  duty  to  its  subjects,  it  is  to  afford  tiiem  protection  in 
their  rights,  on  the  same  principle  that  it  is  the  duty  of  a 
father  to  protect  and  take  care  of  his  son.  The  only  way 
to  accomplish  this  laudable  end  is  to  establish  courts,  and 
the  same  legal  procedure  adopted  that  is  practised  here. 


OREGON.  137 

We  trust  that  there  is  a  probability  of  a  peaceable  settle- 
ment of  this  question  between  the  two  nations.  And  we 
recommend,  not  hastily  and  without  due  consideration,  the 
propriety  of  doing  away  with  the  treaty  provided  by  the 
conventions  of  1818  and  1827,  as  they  might  break  off  and 
put  an  end  to  negotiation.  But  we  are  clearly  of  opinion 
that,afler  a  reasonable  time,  if  nothing  is  done  to  estabhsh 
a  territorial  government,  or  suitable  means  taken  for  the 
protection  of  our  settlers,  that  we  should  send  out  our 
men,  build  our  cities,  establish  our  trading-houses,  and,  if 
necessary,  meet  the  British  on  the  tented  field.  Should  it 
ever  be  the  misfortune  of  the  American  people  to  witness 
that  day,  (which  may  God  in  his  providence  avert,)  the 
gloom,  treasure,  and  bloodshed  which  it  would  cost  are  be- 
yond the  calculation  of  the  human  imagination.  Twenty 
millions  of  freemen  engaged  in  war  with  a  foreign  pov\er, 
greater  in  population,  greater  in  naval  advantages,  superior 
in  a  knowledge  of  military  tactics,  and  better  skilled  in  marl 
time  warfare,  would  present  a  scene  of  confusion  never  be- 
fore witnessed  in  the  annals  of  unfortunate  Europe.  No  one 
has  any  adequate  conception  of  a  conflict  with  so  powerful 
a  Government.  At  first,  all  admit,  that  the  loss  suffered  by 
our  country  would  be  immense — the  loss  of  life  and  the 
loss  of  property — wives  would  be  made  widows  and  sons 
orphans,  by  a  catastrophe  so  much  to  be  dreaded.  Ex- 
citement and  consternation  would  reign  in  every  part  of 
this  wide  land.  All  would  rush  forward  to  the  battle- 
field— none  would  stay  at  home  when  their  country's  hon- 
or was  at  stake,  fired  by  an  ambition  to  see  her  rise,  phoe- 
nix-like, from  the  ashes,  with  her  stars  and  stripes  victo- 
rious. No  consideration,  no  sacrifice  of  self-interest,  would 
stay  the  brave  American  when  he  heard  the  cannon's  roar 
on  the  Atlantic  coast,  and  knew  that  America's  indepen- 
dence was  at  stake.  It  appears,  indeed,  a  weakness  of  re- 


138  OREGON. 

publican  Governments  not  to  prepare  for  coming  exigen- 
cies. We  know  that  each  State  is  sovereign,  and  has  its 
organized  bodies,  which  can  be  raUied  at  a  very  short  no- 
tice. They  have  their  volunteer  and  militia  companies, 
that  can  be  gathered  together  at  one  point  in  a  very  few 
hours.  We  know  that  our  towns  and  cities  are  well  block- 
aded and  fortified ;  but  what  is  the  comparative  condition 
of  our  navy  ?  How  does  it  compare  with  the  ships  of  war 
whitening  every  sea  that  belongs  to  Great  Britain.''  Look 
to  her  present  situation,  her  military  advantages.  Look 
to  her  vast  disposable  force  in  readiness  at  any  time. 
Look  to  the  men  of  war  surrounding  every  little  island  and 
peninsula  that  belongs  to  her.  For  the  first  eighteen 
months  or  two  years  her  blows  would  fall  upon  us  fast  and 
thick,  and  the  injuries  sustained  by  our  Government  prob- 
ably greater  than  could  be  repaired  in  half  a  century. 
But  who  knows  how  this  even  would  end  .'*  There  would 
be  an  emancipation  of  the  American  mind  from  British  in- 
fluence. The  creeds,  policy,  sentiments,  and  manners  of 
that  people  would  be  confined  to  those  dominions  upon 
which,  they  say,  the  sun  never  sets.  That  day  would 
be  gladly  hailed  when  the  American  citizen  would  be  no 
longer  insulted  with  the  base  charge  of  favoring  the  inter- 
ests of  the  British  Government,  and  applauding  their  laws 
and  institutions.  We  should  have  the  proud  consolation 
of  knowing,  which  would  be  dwelt  upon  with  feelings  of 
pride  and  honor  centuries  hence,  that  there  was  an  era 
which  blended  in  harmonious  union  party  schisms  and 
jealousies,  cutting  asunder  the  secret  tie  that  bound  Amec-; 
ica  with  Britain,  and  dispelling  all  fear  of  national  treach- 
ery and  national  abuse.  With  our  circle  of  free  States, 
with  their  republican  constitutions  and  wholesome  laws,  and 
the  inestimable  and  valuable  principle  of  self-government, 
one  of  the  constituent  parts  of  our  compact^  would  be  held 


aRfiooN.  139 

out  to  the  returning  patriot,  under  which  he  might  take  shel- 
ter with  safety.  That  excessive  admiration  of  British  history, 
and  theremnants  of  colonial  ideas,  which  half  a  century  of 
independence  and  two  bloody  wars,  one  of  them  long  and 
eventful,  have  not  been  sufficient  to  eradicate,  would  be  done 
away  with.  Our  history  is  a  very  remarkable  one  for  its  noble 
bearing  and  patriotic  scenes ;  but  it  has  run  far  ahead  of  our 
opinions,  and  is  not  sufficiently  appreciated.  With  a  Gov- 
ernment of  our  own,  framed  by  our  fathers,  republican  in  its 
spirit  and  tone,  we  should  be  satisfied  to  preserve  all  the 
privileges  handed  down  to  us,  so  as  to  transmit  them  to 
those  who  are  to  succeed  us.  Another  beneficial  result 
would  be,  the  purification  of  our  political  atmosphere. 
^  The  cankers  of  a  calm  world  and  long  peace"  are  no  fic- 
tion. Politics  become  a  trade ;  and  our  first-rate  men  are 
betrayed  into  the  ways  of  cunning  and  dishonest) ,  losing 
respect  for  themselves  and  their  country,  and  stooping  to 
the  lowest  means  to  accomplish  the  lowest  ends.  A  c 
tision  would  bring  the  ablest  and  best  men  uppermost. 
The  native  and  moral  strength  of  the  people  would  be 
fairly  and  fully  tested ;  and  perhaps  those  very  ones  whom 
we  now  suppose  would  defend  the  country  to  the  last  mo- 
ment of  their  lives,  would  be  found  wanting  when  the  time 
came  to  "try  their  souls;"  while  another  Washington, with 
an  intrepid  spirit  and  an  undaunted  brow,  might  step  forth 
from  the  shades  of  obscurity,  and  win  for  himself  the 
praise  of  his  countrymen,  and  the  gratitude  of  the  latest 
generations. 

If  we  are  involved  in  war,  now  is  the  time  to  make  suit- 
able preparation.  We  find  in  the  early  messages  of  Gen. 
Washington  to  Congress  he  dwelt  particularly  upon  the 
importance  of  maintaining  the  country  in  an  attitude  of 
defence  as  the  most  effectual  method  of  averting  the  ca- 
lamities of  war.     He  says,  ^that  the  citizens  constitute 


140  OREGON 

the  depository  of  the  force  of  the  repubhc,  and  may  be 
trained  to  a  degree  of  eflSciency  equal  to  any  mihtary  exi- 
gency." Again :  we  are  told,  by  Mr.  Poinsett,  chairman 
of  the  Committee  on  Military  Affairs,  26th  Congress,  2d 
session,  Senate  document  No.  118,  ^^but,  in  order  to  pro- 
vide the  means  of  a  proper  training,  and  to  secure  this  de- 
gree of  efficiency  in  newly  formed  forces,  it  is  a  material 
feature  in  the  plan  of  organization  to  afford  an  opportu- 
nity to  acquire,  in  time  of  peace,  a  knowledge  of  the  more 
difficult  and  scientific  branches  of  the  military.  Whatever 
argument  may  be  drawn  from  particular  examples,  super- 
ficially viewed,  a  thorough  examination  of  the  subject  will 
evince,  that  the  art  of  war  is  at  once  comprehensive  and 
complicated,  but  it  demands  much  previous  study,  and 
that  the  possession  of  it,  in  its  improved  state,  is  always  of 
great  moment  to  the  security  of  the  nation."  It  cannot 
be  denied  that  it  is  the  duty  of  all  Governments  that  wish 
to  preserve  friendly  relations  with  foreign  powers  to  pre- 
serve a  military  body,  cost  what  it  may,  who,  from  their 
attainments  and  knowledge,  are  ready  at  any  time  to  re- 
spond to  the  call  of  their  country.  We  do  not  advocate 
the  propriety  of  a  standing  army ;  far  from  it.  The  ex- 
pense and  evils  incident  to  a  standing  army  should  be 
avoided,  while  a  strict  military  force,  well  disciplined  and 
organized,  should  be  preserved  at  the  expense  of  the  Gen- 
eral Government.  In  other  words,  we  must  cultivate  in 
time  of  peace  a  knowledge  of  military  science,  and  an  ac- 
quaintance with  the  more  scientific  branches  of  the  mili- 
tary art,  forming,  when  occasion  shall  require,  the  main 
body  of  the  army,  from  persons  ordinarily  engaged  in  civil 
occupations.  We  have,  it  is  true,  what  may  be  called,  in 
one  sense,  a  standing  army.  Each  State  has  its  militia ; 
and  those  officers  who  are  appointed  to  command  are  re- 
quired by  law,  under  a  penalty,  to  see  that  they  appear  on 


OREGON.  141 

certain  occasions  to  pass  through  mihtary  exercises.  We 
have  an  "organization"  purely  of  a  civil  character,  includ- 
ing four  distinct  arms — infantry,  cavalry,  artillery,  and  en- 
gineers, each  having  distinct  duties,  but  all  combining  to 
form  one  and  the  same  military  body,  it  is  very  necessa- 
ry that  our  legislative  bodies  should  bestow  on  this  subject 
that  attention  which  its  importance  demands.  It  is  not 
always  when  in  possession  of  a  thing  that  we  are  most  likely 
to  appreciate  its  utility ;  the  evils  and  inconveniencies  re- 
sulting from  a  want  of  it,  not  unfrequently  act  most  pow- 
erfully with  its  importance,  and  the  advantages  to  be  de 
rived  from  its  possession. 

We  beg  leave  to  cite  a  few  remarks  drawn  from  military 
history.  There  is  no  occasion  for  going  back  to  the  disas- 
trous passage  of  the  Vistula  by  Charles  XII,  the  failure  of 
Marlborough  to  pass  the  Dyle  and  Eugene,  and  to  cross 
the  Adda  ii.  1705,  nor  of  the  three  unsuccessful  attempts 
of  Charles  of  Lorraine  to  cross  the  Rhine  in  1743.  Take 
the  French  revolution,  from  its  commencement  to  its 
close,  and  we  find  strict  military  discipline  indispen- 
sably necessary  in  time  of  peace.  It  is  true  that  the  policy 
of  our  rulers  is  to  economise  the  public  money  in  time  of 
peace,  and  to  preserve  the  lives  of  our  citizens  and  the  na- 
tional flag  in  time  of  war ;  but  let  this  matter  be  passed 
over  in  silence,  and  the  future  historian  will  say  of  us,  as 
Napier  has  said  of  the  English  :  ••'  The  best  officers  and 
finest  soldiers  were  obliged  to  sacrifice  themselves  in  a 
lamentable  manner  to  compensate  i'or  the  negligence  and 
incapacity  of  a  Government  always  ready  to  plunge  the 
nation  into  a  war  without  the  slighest  care  of  what  was 
necessary*  to  obtain  success.  Their  sieges  were  but  a  suc- 
cession of  butcheries,  beiause  the  commonest  materials, 
and  the  means  necessary  to  their  art.  were  denied  the  en- 
gineers.*" 

11 


142  OREGON. 

But  we  wish  it  distinctly  understood  that  we  are  opposed 
to  war  when  it  can  be  possibly  avoided.  Its  evils  and  ca- 
lamities are  familiar  to  all;  and  the  history  of  countries, 
that  are  known  only  in  "  poetry  and  song,"  teaches  the  in- 
structive lesson  "that  shght  causes  often  lead  to  disas- 
trous results."  We  deprecate  it  as  one  of  the  most  fear- 
ful and  distressing  curses,  (for  such  it  has  been  regarded 
by  the  ablest  historians,)  that  ever  befel  any  country  at  any 
time  or  in  any  age. 

We  cannot  permit  the  celebrated  and  excellent  report 
of  Captain  Fremont  to  pass  unnoticed.  The  circumstances 
attending  the  expedition,  its  progress,  and  final  consumme^- 
tion,  together  with  the  indomitable  and  unflinching  spirit  and 
zeal  that  was  eviaced  by  him  and  his  companions  during 
their  long  and  eventful  expedition,  justly  entitle  them  to  the 
admiration  and  respect  of  the  American  people.  It  was  a 
noble  enterprise,  one  to  try  the  firmness  and  courage  of 
man,  and  much  to  be  wondered  at  in  its  results.  Few, 
very  few,  would  have  undertaken  a  military  examination 
of  the  country  from  the  Mississippi  to  the  Pacific  Ocean — 
a  work  so  fearful  and  hazardous.  His  account  is  now 
published  to  the  world,  which  is  so  accurate  in  its  details, 
that  a  statesman  may  judge  correctly  of  the  value  of  the 
countrv,  and  a  farmer  tell  where  he  can  settle  to  most  ad- 
vantage.  An  unexplored  land  lie  stretched  out  before 
them,  its  history  unknown,  and  its  soil  untrodden,  save  by 
the  foot  of  the  red  man.  What  firmness  and  confidence 
was  necessary  to  strengthen  them  in  their  slow  and  uncer- 
tain march !  The  prospect,  how  dreary !  Their  lives  how 
uncertain !  Yet  all  this  vanished,  like  a  mist,  before  their 
resolute  determination  to  brave  all  perils,  endure  every 
hardship,  and  secure  the  hard-earned  bequest.  Day  after 
day,  for  hundreds  of  miles,  they  beheld  mountain  piled  upon 
Inountain^^'Ossa  upon  Pclion,"  with  their  cold  and  icy  sum- 


OREGON.  143 

mits,  uninhabited  and  uncheered  even  by  the  fires  of  the  set 
tier.  They  travelled  with  "imweary  footstep"  sixteen  hun- 
dred miles  to  the  South  Pass ;  from  the  mouth  of  the  Platte 
to  the  same  Pass,  about  one  thousand  more ;  and  another 
sixteen  hundred  miles  from  that  Pass  to  the  tide  water  of 
the  river  Oregon  •,  in  all  about /o?xr  thousand  miles.  Their 
fears  at  night  would  be  often  greatly  excited  by  the  shrill 
war-hoop  of  the  savage,  and  the  fierce  roar  of  wild  beasts. 
But  throughout  they  quietly  trusted  to  Divine  Providence, 
and  would  sleep  as  sweetly,  after  a  rough  journey  of  twen- 
ty miles  over  mountains  and  rocks,  as  the  daily  laborer  in 
a  christianized  and  enlightened  land.  While  the  guard 
surrounded  the  camp,  all  was  stillness  within,  but  they 
took  care  never  to  go  to  rest  unless  they  were  prepared  at 
a  moment^s  warning  for  an  attack,  placing  their  rifles  and 
ammunition  at  their  heads.  This  was  very  important ;  for 
had  they  been  attacked  at  all  by  the  Indians,  it  would  have 
been  at  night,  when  every  thing  was  still.  The  idea  of  a 
military  expedition  from  the  Mississippi  river  to  Oregon, 
prior  to  its  consummation,  was  believed  by  many  to  be 
impossible,  and  even  ridiculed  by  intelligent  men.  The 
scheme  was  considered  visionary  and  absurd,  and  the  pri- 
vations and  troubles  incident  to  so  long  a  trip  were  regard- 
ed as  more  than  human  nature  could  bear.  It  was  thought 
that  the  cold  would  be  so  intense,  and  the  dews  so  heavy, 
that  persons  acclimated  here  could  not  Hve  ;  but  these  im- 
pressions have  been  entirely  removed  by  the  facts  pubhshed 
by  Capt.  Fremont  in  his  narrative.  The  distance  from  the 
frontier  '^f  the  Missouri  to  the  tide-water  in  Oregon  is  about 
two  thousand  miles.  The  mountains  are  easily  passed  ;  the 
whole  way  being  practicable,  even  in  a  state  of  nature,  for 
horses,  carriages,  and  artillery ;  and  as  for  the  Indians, 
twenty -four  men  with  rifles  may  move  in  safety  in  spite  of 
the  hostility  of  any  tribe.     Their  instruments  of  warfare, 


144  OREGON. 

as  all  know,  are  the  bow  and  arrow,  scalping-knives  and 
spears,  which,  in  open  combat,  can  do  but  little  damage 
in  comparison  with  the  rifle.  They  lay  in  ambush  gene- 
rally, and  make  a  secret  attack  when  it  is  least  suspected. 
This  is  characteristic  of  the  whole  Indian  race;  and  by 
this  mode  of  warfare  the  lives  of  many  have  been  lost,  and 
serious  damage  committed.  In  the  progress  of  their  jour- 
ney, however,  they  had  but  little  use  for  their  muskets,  ex- 
cept for  shooting  game  and  exercising  at  a  mark.  We  are 
told  by  Captain  Fremont  that  this  territory  is  "  the  most 
impregnable  country  in  the  world."  With  reference  to 
defence,  the  British  Government  would  have  been  very 
careful  in  considering  this  important  fact,  and  to  have 
prevailed  on  the  Hudson  Bay  Company  to  do  for  them 
in  Oregon  what  the  East  India  Company  have  done 
for  them  in  Asia.  We  find  that  Captain  Fremont  intro- 
duces the  comparatively  insignificant  article  of  grass.  It 
will  surprise  those  not  acquainted  with  the  character  of 
the  soil  to  learn,  that  there  is  a  species  of  grass  that  grows 
in  all  directions  in  great  profusion,  which  is  equal  in  luxu- 
riance and  nutrition  to  our  best  hay.  During  his  entire 
journey  he  had  no  occasion  to  use  for  his  cattle  any  other 
food.  They  were  extremely  fond  of  it;  and  though  trav- 
elling twenty  or  thirty  miles  per  day,  it  was  equal  in  its 
green  state  to  our  best  hay  when  cured  and  dried.  It  is 
found  in  the  mountains  and  low  lands,  and  even  grows  on 
the  mountain  ridges  at  an  elevation  of  ten  thousand  feet. 
All  the  wild  animals  feed  upon  it — the  elk,  deer,  and  buf- 
falo— and  use  it  in  preference  to  any  other  provender. 
There  is  another  grass  that  is  very  abundant ;  possessing 
the  very  remarkable  property  of  a  second  growth;  appear- 
ing in  the  fall  of  the  year  as  luxuriant  as  in  the  spring,  af- 
ter the  entire  destruction  of  the  first  crop.     It  is  very  plen- 


OREGON.  145 

tiful  on  the  western  slopes,  and  is  fit,  in  all  respects,  to 
feed  horses  and  cattle  in  the  depth  of  winter. 

In  the  months  of  December  and  January,  when  the 
grass  is  entirely  destroyed  by  the  snow  and  frosts,  this 
grass  may  be  found  growing  in  the  Sierra  JVevada^  Snowy 
Mountains  of  California,  where  the  snow  has  disappeared 
from  the  heat  of  the  sun.     It  may  be  found  also  in  great 
abundance  in  the  Desert  of  the  Lower  California.  Where- 
ever  there  is  water  to  be  found  it  appears  in  large  clusters, 
and  may  be  very  easily  cut  or  pulled  from  the  roots.     Per- 
mitting it  to  dry,  it  has,  if  any  thing,  an  injurious  tendency. 
It  loses  its  sweetness  and  flavor  in  a  great  measure,  and  is  . 
not  eaten  by  cattle  with  half  the  readiness  as  when  in  its 
green  state.     In  all  expeditions  subsistence  is  one  of  the 
principal  clogs.    There  is  always  a  difficulty  in  procuring 
necessaries ;  hence  it  is  that  we  hear  so  often  of  starva- 
tion and  other  calamities.    It  is  very  hard  at  all  times  to 
provide  the  necessary  food,  and  if  provided,  to  keep  it 
in  a  proper  state  while  travelling.     Horses  very  generally 
suffer;   but  the  grass  spoken   of  before   was  found  by 
Captain  Fremont  to    answer    all  purposes.     He   seems 
to    have  paid  particular   attention  to  the  study  of  the 
sciences.    His  mind  and  instruments  were  never  at  rest 
from  the  time  he  commenced  his  travels  until  they  were 
ended.     Geography,  geology,  botany,  meteorology,  each 
seem  to  have  claimed  an  equal  portion  of  his  time.     The 
geographical  discoveries  made  by  him  are  entirely  new, 
and  afford  the  most  valuable  and  interesting  information  to 
those  taking  an  interest  in  the  subject.     From  the  fron- 
tiers of  Missouri  to  the  Rocky  Mountains,  the  line  of 
the  Kansas  and  Great  Platte  is  represented,  by  the  most 
impartial  and  minute  examination,  to  be  arable  and  inhab- 
itable.    This  particular  portion  of  the  territory  has  been 
often  spoken  of,  and  frequently  misrepresented.     It  has 


146  OREGON. 

been  said  by  the  ignorant  and  unknowing,  that  the  land  is 
barren  and  worthless,  not  worth  the  labor  necessary  for 
its  cultivation,  being  fit  not  even  for  grazing ;  when,  in  truth, 
it  is  extremely  fertile,  and  covered  with  a  fine,  rich,  luxu- 
rious growth. 

The  Rocky  Mountains  are  represented  as  being  desolate 
and  impassable.  It  appears  that  Captain  Fremont  passed 
it  at  five  different  places,  not  selected  either  as  the  most 
accessible.  And  we  are  told  that  there  are  many  excel- 
lent passes,  of  which  the  South  pass  is  the  best ;  and  that 
it  embosoms  beautiful  vallies  and  parks,  with  lakes  and 
springs,  rivalling  and  surpassing  the  moijt  enchanting  points 
of  the  Alpine  region  in  Switzerland.  One  of  the  most  re- 
markable curiosities  in  the  territory,  that  has  attracted 
great  attention,  is  the  ''Great  Salt  LakeP  It  is  probably 
without  a  rival  in  the  world,  being  a  solution  of  salt,  of  one 
hundred  miles  in  diameter.  It  is  most  graphically  described 
by  Captain  Fremont,  and  also  the  Bear  River  Valley,  with 
its  rich  bottoms,  fine  grass,  walled-up  mountains,  hot  and 
mineral  springs,  soda  fountains,  volcanic  rocks,  and  volcanic 
springs.  T'  "  is  another  very  great  curiosity,  which  is 
worthy  of  aiici  .ion.  '•  The  Boiling  Spring,"  the  water  of 
which  has  a  very  peculiar  and  disagreeable  taste,  is  hot 
enough  to  boil  an  egg,  and  finds  its  way  from  three  different 
openings,  all  within  a  short  distance  of  each  other.  It  takes 
its  source  at  the  head  of  a  small  valley,  near  a  very  high 
range  of  rocks,  covered  with  basaltic  rock,  and  the  neigh- 
boring plains  are  covered  with  round  rock.  This  spring 
forms  quite  a  large  branch,  which  broadens  and  deep- 
ens as  it  advances.  The  water  is  quite  clear,  and 
rolls  off  smoking  and  foaming.  The  country  around 
presents  a  beautiful  appearance ;  and  in  consequence  of 
the  warmth  of  the  spring,  the  trees  and  grass  wear  a 
green  appearance    from   one    year's   end  to  the  other. 


OREGON.  147 

there  being  neither  frosts,  nor  snows,  nor  chilHng  winds. 
It  is  at  page  196  of  Captain  Fremont's  report  that  he  states 
his  determination  to  pass  through  a  new  region  of  country 
on  his  return  to  the  United  States.  It  is  very  interesting ; 
so  much  so,  that  we  give  it  in  his  own  words : 

''  The  camp  was  now  occupied  in  making  the  necessary 
preparations  for  our  homeward  journey,  which,  though 
homeward,  contemplated  a  new  route  and  a  great  circuit  to 
the  south  and  southeast,  and  the  exploration  of  the  Great 
Basin  between  the  Rocky  Mountains  and  the  Sierra  Ne- 
vada. Three  principal  objects  were  indicated,  by  report 
or  by  maps,  as  being  on  this  route,  the  character  or  ex- 
istence of  which  I  wished  to  ascertain,  and  which  I  assum- 
ed as  landmarks,  or  leading  points,  on  the  projected  line 
of  return.  The  first  of  these  points  was  the  Tlamath  lake, 
on  the  table  land  between  the  head  of  Fall  river,  which 
comes  to  the  Columbia,  and  the  Sacramento,  which  goes 
to  the  bay  of  San  Francisco ;  and  from  which  lake  a  river 
of  the  same  name  makes  its  way  westwardly  direct  to  the 
ocean.  This  lake  and  river  are  often  called  Klamet,  but 
I  have  chosen  to  write  its  name  according  to  the  Indian 
pronunciation.  The  position  of  this  lake,  on  the  line  of 
inland  communication  between  Oregon  and  California,  its 
proximity  to  the  demarcation  boundary  of  latitude  42^,  its 
imputed  double  character  of  lake  or  meadow,  according  to 
the  season  of  the  year,  and  the  hostile  or  warlike  charac- 
ter attributed  to  the  Indians  about  it,  all  made  it  a  desirable  - 
object  to  visit  and  examine.  From  this  lake  our  course 
was  intended  to  be  about  southeast,  to  a  reported  lake,  call- 
ed Mary,  at  some  days'  journey  in  the  Great  Basin ;  and 
thence,  still  on  southeast,  to  the  reputed  Buenaventura 
river,  which  has  had  a  place  in  so  many  maps,  and  coun- 
tenanced the  behef  of  the  existence  of  a  great  river  flow- 
ing from  the  Rocky  Mountains  to  the  bay  of  San  Francis- 


148  OREGON. 

CO.  From  the  Buenaventura  the  next  point  was  intended 
to  be  in  that  section  of  the  Rocky  Mountains  which  in- 
cludes the  heads  of  Arkansas  river  and  of  the  opposite 
waters  of  the  Californian  gulf,  and  thence  down  the  Ar- 
kansas to  Bent's  fort,  and  home.  This  was  our  projected 
line  of  return — a  great  part  of  it  absolutely  new  to  geo- 
graphical, botanical,  and  geological  science —  and  the  sub- 
ject of  reports  in  relation  to  lakes,  rivers,  deserts  and  sav- 
ages hardly  above  the  condition  of  mere  wild  animals, 
which  inflamed  desire  to  know  what  this  terra  incognita 
really  contained.  It  was  a  serious  enterprise,  at  the  com- 
mencement of  winter,  to  undertake  the  traverse  of  such  a 
region,  and  with  a  party  consisting  only  of  twenty -five  per- 
sons, and  they  of  many  nations — American,  French,  Ger- 
man, Canadian,  Indian,  and  colored — and  most  of  them 
young,  several  being  under  twenty-one  years  of  age.  All 
knew  that  a  strange  country  was  to  be  explored,  and  dan- 
gers and  hardships  to  be  encountered,  but  no  one  blenched 
at  the  prospect.  On  the  contrary,  courage  and  confidence 
animated  the  whole  party.  Cheerfulness,  readiness,  sub- 
ordination, prompt  obedience,  characterized  all ;  nor  did 
any  extremity  of  peril  and  privation,  to  which  we  were  af- 
terwards exposed,  ever  belie,  or  derogate  from,  the  fine 
spirit  of  this  brave  and  generous  commencement.  The 
course  of  the  narrative  will  show  at  what  point,  and  for 
what  reasons,  we  were  prevented  from  the  complete  exe- 
cution of  this  plan,  after  having  made  considerable  pro- 
gress upon  it,  and  how  we  were  forced  by  desert  plains 
and  mountain  ranges,  and  deep  snows,  far  to  the  south, 
and  near  to  the  Pacific  Ocean,  and  along  the  western  base 
of  the  Sierra  Nevada,  where,  indeed,  a  new  and  ample 
field  of  exploration  opened  itself  before  us.  For  the  pres- 
ent, we  must  follow  the  narrative,  which  will  first  lead  us 
.  south,  along  the  valley  of  Fall  river,  and  the  eastern  base  of 


OREGON.  149 

the  Cascade  range,  to  the  Tlamath  lake,  from  which,  or 
its  margin,  three  rivers  go  in  three  directions — one  west, 
to  the  Ocean ;  another  north,  to  the  Columbia ;  the  third 
south,  to  California.^^ 

Captain  Fremont  makes  particular  mention  of  the  Sierra 
Nevada  and  San  Joaquin  rivers,  which  belong  to  the  Bay 
of  St.  Francisco.  The  Great  Desert  comes  in  very  justly 
for  a  portion  of  his  attention ;  and  the  inhabitants  east  of 
the  Rocky  Mountains  are  a  most  remarkable  people. 
Their  manners  and  customs  are  entirely  peculiar  to  them- 
selves, and  they  live  together  in  great  peace  and  fellow- 
ship. Whenever  there  is  a  difficulty,  the  whole  tribe,  or 
family,  is  disturbed,  and  never  rest  satisfied  until  peace  and 
good  feeling  is  restored.  This  is  a  most  fortunate  charac- 
teristic, inasmuch  as  they  carry  on  their  respective  pur- 
suits without  conflicting  in  the  least  with  each  other,  and 
the  property  claimed  by  one  is  shared  by  all.  Their  inter- 
course is  friendly  in  the  extreme,  and  nothing  like  jealousy  or 
malice  exists,  which  so  often  disturbs  in  civilized  countries 
the  social  and  business  relations  of  man  and  man.  When  a 
death  occurs,  the  sorrow  that  pervades  the  whole  race  is 
manifest,  and,  for  days  and  weeks,  that  respect  is  paid  to 
the  memory  of  the  departed  rarely  witnessed  in  the  most 
refined  and  enlightened  countries.  Their  burials  are  con- 
ducted with  great  solemnity — hundreds  follow  the  corpse 
to  the  grave — and  when  the  body  is  deposited,  there  is  one 
burst  of  deep  and  true  sorrow.  This  grief  lasts  for  a  long 
time,  and  large  parties  frequently  meet  to  pay  homage  to 
the  memory  of  the  dead.  There  is  one  statement  made 
by  Captain  Fremont,  respecting  which  all  contemporary 
writers  have  erred.  On  all  the  maps  of  Oregon  the  cele- 
brated Buenaventura  river  is  mentioned  as  running  from 
the  Rocky  Mountains  to  the  sea.    It  has  been  spoken  of 

by  many  as  a  river  of  some  importance,  abounding  in  the 
12 


150  OREGON. 

finest  fish  and  beautiful  shells ;  the  banks  of  which  are 
covered  with  rich  and  luxuriant  verdure,  the  offspring  of 
fertile  soil.  Captain  Fremont  says,  "  there  is  no  such  riv- 
er in  existence.  How  could  there  be?  Here  the  moun- 
tains of  Sierra  Nevada  afford  an  insuperable  barrier.  It 
would  be  impossible  for  a  river  to  pass  them  in  either  di- 
rection." Captain  Fremont  became  deeply  interested  in 
the  study  of  botany.  A  wide  and  unexplored  field  was 
presented  for  his  investigation.  Plants  of  every  color,  size, 
and  description  appeared  every  day.  In  the  highlands  and 
Rowlands,  in  the  marshes  and  flats,  as  well  as  on  the  steep- 
est summits,  he  saw  rare  objects  for  his  examination. 
Not  an  hour  passed  that  he  did  not  make  some  new  and 
interesting  discovery.  This  branch  of  study  being  very 
famihar  to  him,  he  pursued  it  with  great  zeal  and  pleasure, 
and  has  had  the  good  fortune  to  accumulate  a  rare  and 
beautiful  collection,  not  surpassed,  or  probably  equalled, 
in  this  country.  He  was  somewhat  discouraged,  howev- 
er, in  the  undertaking,  from  the  loss  of  a  '''mule  load^''  in 
the  Sierra  Nevada.  The  poor  mule  was  lost,  and  all  his 
load,  to  the  regret  of  the  whole  party.  He  had  been  a 
faithful  traveller,  and  performed  his  daily  task  as  well  as 
any  of  his  associates.  However,  Captain  Fremont  has 
succeeded  in  bringing  home  from  this  splendid  and  vast 
botanical  field  a  number  of  rich  and  valuable  specimens, 
which  we  hear  are  left  to  the  professional  science  of  Dr. 
Torrey,  of  Princeton,  whose  reputation  as  a  man  of  erudi- 
tion and  scientific  attainments,  are  well  known  to  the  world. 
He  has  consented  to  classify  them  in  their  order.  This 
has  since  been  done,  and  his  pamphlet  on  the  subject,  so 
emblematical  of  the  proficiency  of  the  man,  is  sought  and 
read  with  great  pleasure  and  interest  by  the  friends  and 
lovers  of  botany.  Many  of  the  rarest  specimens  have  been 
presented  to  the  General  Government,- which  are  deposit- 


•>« 


O-R£G0N.  151 

ed  at  tho  Patent  Otiice  in  Washington,  probably  the  most 
valuable  museum  in  this  country. 

Geology,  also,  claimed  no  little  of  Captain  Fremont^s 
time.  He  sought  every  occasion  to  examine  the  surface 
of  the  earth,  its  composition  and  ingredients ;  and  by  his 
great  diligence  and  industry,  he  ascertained  the  sizes  and 
shapes  of  many  bluffs,  in  different  latitudes,  examined 
closely  the  rivers  and  river  banks,  and  the  sides  and  gorges 
of  mountains.  He  has  been  subjected  to  great  trouble  and 
labor  in  classifying  and  arranging  the  different  rocks  and 
fossils,  and  in  finding  out  their  properties.  He  brought  in 
with  him  a  very  rare  specimen  of  '•''fossiUferous  rock^"^ 
having  an  oolitic  structure,  a  part  of  the  Great  Basin,  and 
found  in  the  Great  Salt  Lake^  that  will  attract  the  atten- 
tion of  learned  men,  both  here  and  in  Europe,  for'  a  long 
time.  This  specimen.,  together  with  a  number  of  others,  no 
less  rare  than  beautiful,  are  referred  to  Dr.  Hale,  of  New 
York,  and  Professor  Bailey  of  West  Point,  both  of  whom 
are  well  known  by  reputation  in  all  parts  of  the  country. 
During  the  whole  of  Captain  Fremont's  expedition,  his 
mind  was  actively  and  profitably  employed  in  acquiring 
important  knowledge.  And  what  is  the  result  ?  There 
can  be  but  one  opinion  respecting  the  importance  of  his 
travels  to  the  American  nation.  He  has  explored  and  ex- 
amined closely  a  vast  region  of  country  before  unknown, 
save  in  the  records  of  conjecture  and  fiction,  and  opened 
the  way  to  emigration  by  pointing  out  correctly  the 
characteristics  of  its  soil,  climate,  and  geographical 
and  relative  position.  He  has  pointed  the  poor  classes  of 
our  country,  the  industrious  and  worthy,  to  this  garden 
spot  of  our  continent,  and  drawn  a  truthful  picture  of  its 
capacity  for  trade,  commerce,  and  agriculture.  This 
great  country,  stretching  out  to  the  Rocky  Mountains, 
and  still  further  to  the  Pacific  Ocean,  with  its  naviga- 


15tt  OREGON. 

ble  waters,  smiling  valleys,  and  countless  resources,  to- 
gether with  its  fine  rivers  and  inexhaustible  mines,  has 
been  presented  in  characters  "of  living  light"  to  the  needy 
and  distressed  in  America.  A  party  of  a  few,  say  thirty, 
men,  with  their  horses  and  carts,  and  a  few  farming  uten- 
sils, and  with  good  rifles  and  gunpowder,  could,  at  a  very 
trifling  expense,  locate  themselves  in  the  most  favored 
parts  of  this  territory.  What  is  it  that  prevents  those  from 
emigrating  whose  prospects  for  acquiring  wealth,  or  even 
a  subsistence,  are  gloomy  here  ?  And  what  is  it  that  pre- 
vents the  hardy  backwoodsmen,  trained  to  perils  and  hard- 
ships, and  who  are  capable  of  enduring  the  severest  fa- 
tigue, who  have  frequently  to  find  their  daily  food  before 
they  eat  it,  the  earth  for  their  bed,  and  a  few  bushes  and  a 
blanket  their  shelter  from  "the  peltings  of  the  pitiless 
storm?"  We  say,  what  is  it  that  keeps  them  here.'*  Is  it 
the  hope  of  future  success  ?  They  cannot  reasonably  hope 
for  that ;  their  past  history  tells  them  so.  Is  it  the  hope 
that  the  sympathies  of  their  fellow-man  will  be  excited,  and 
that  they  will  protect  and  take  care  of  them  in  their  extrem- 
ity ?  They  cannot  expect  that ;  the  past  has  a  voice  there 
also.  They  have,  therefore,  to  content  themselves,  if  there 
be  contentment^  with  what  they  possess,  and  that  is  neither 
"this  world's  goods"  nor  the  hope  of  better  times.  We 
have  crowded  upon  us,  asking  for  daily  employment,  men 
of  all  nations,  Scotch,  French,  English,  German,  and  Irish, 
all  hardy  laborers,  who  would  enjoy  health  and  happiness  in 
Oregon.  That  place  is  the  field  for  their  labors.  There 
they  would  get  employment.  And  soon,  with  ordinary 
economy,  they  would  accumulate  enough  to  take  care  of 
'  them  the  balance  of  their  lives.  What  inducements  are 
held  out !  What  a  stimulant  to  the  young  and  adventu- 
rous just  setting  out  on  the  journey  of  life !  A  country 
which,  for  aught  we  know,  is  destined  to  be  the  seat  of 


OREGON.  153 

empire,  population,  and  wealth,  upon  whose  hills  may  rise 
populous  marts,  and  along  whose  valleys  may  roll  the  hum 
of  commercial  enterprise.  During  the  long  and  perilous 
expedition  of  Captain  Fremont,  the  thermometer  was  in 
constant  use,  to  ascertain  the  degrees  of  heat  and  cold. 
"At  the  different  places  of  encampment  we  found  it,"  says 
he,  "  a  most  valuable  and  important  instrument,  giving  the 
degrees  of  temperature  at  all  the  different  stopping  places." 
The  barometer  was  also  in  constant  use,  being  applied  to 
tell  the  elevation  above  the  sea  of  all  the  different  places 
and  villages.  "  The  nights  were  often  exceedingly  cold, 
so  as  to  prevent  the  use  of  the  telescope ;  however,  when- 
ever an  opportunity  was  offered,  we  always  availed  our- 
selves of  it."  Every  day  the  weather  is  noted ;  and  we 
are  told  by  a  distinguished  writer  "  that  an  almanac  for  the 
Rocky  Mountains,  Oregon,  and  California  might  be  con- 
structed from  a  perusal  of  this  report — wind,  rain,  storm, 
sunshine,  ice,  hale,  and  snow,  are  all  carefully  noted."  The 
expedition  at  last  terminated  from  the  Mississippi  to  the 
Pacific.  The  expedition  of  1842  carried  it  to  the  South  Pass 
of  the  Rocky  Mountains;  that  of  1843  carried  it  to  the  Lower 
Columbia.  The  great  work  was  now  finished,  three  or 
four  thousand  miles  of  country  travelled  over,  and  the  ex- 
plorers returned  to  the  land  of  their  home  and  birth,  after 
one  of  the  most  remarkable  performances — remarkable  in 
all  that  relates  to  it — which  has  ever  been  undertaken  in  this 
or  in  any  other  country.  The  whole  history  is  replete  with 
interesting  incidents  and  valuable  information.  The  jour- 
ney, most  of  it,  was  tedious  and  dangerous,  through  rivers 
and  mountain  brakes,  rugged  steeps  and  broken  vallies, 
and  deserts  and  mountains  and  savage  tribes  of  Indians. 

If  the  territory  in  dispute  were  worthless,  it  would  not 
be  surprising  if  the  United  States  felt  no  interest  on  the 
subject ;  but  it  is  far  from  being  worthless.     It  commands 


1 54  OREGON. 

the  Pacific  Ocean,  and  is  intimately  connected  with  the 
commerce  of  that  sea.  Upon  its  shores  the  Hght  of  civili- 
zation is  fast  dawning,  and  we  have  every  reason  to  be- 
heve  that  it  is  sure  to  become  the  seat  of  commercial 
strength.  Half  a  century  must,  in  the  nature  of  things, 
make  many  changes.  There  our  enlightened  population 
will  be,  with  their  intelligence,  honesty,  and  industry, 
carrying  on  an  extensive  and  valuable  trade  with  Aus- 
tralia, India,  and  China,  and,  we  cannot  help  thinking, 
Japan.  The  power  that  would  be  concentrated  near  the 
mouth  of  the  Columbia,  so  very  contiguous  to  countries  of 
vast  wealth  and  trade,  would  be  felt  and  appreciated  every 
where.  There  would  be  an  extension  in  all  that  concerns 
the  march  of  greatness ;  and  our  onward  strides  would  be 
greatly  accelerated.  Let  us  have  it  in  our  power  to  say 
that  this  subject  was  honorably  and  prudently  negotiated. 
And,  should  war  come,  it  will  be  gratifying  to  know,  that 
every  thing  reasonable  was  done  to  avert  it,  while  we  would 
meet  the  issue  with  a  firm  reliance  on  the  justice  of  our 
past  course,  and  a  full  assurance  of  a  liberal  reward  for 
our  strict  adherence  to  treaty  stipulations  and  the  common 
usages  of  nations.  '       r:         -!  .t ''>!?!'? 

Having  omitted  to  make  a  statement  of  several  impor- 
tant facts  in  another  chapter,  we  take  occasion  to  intro- 
duce them  here,  as  it  may  be  interesting  to  know  them. 

The  discovery  of  Nootka  Sound  has  been  attributed  to 
Captain  Cook  by  several  distinguished  writers  on  this 
question,  who  insist  that  in  1773  he  made  the  first  voyage 
along  the  western  coast.  This  is  obviously  a  mistake;  for 
his  course  was  northward,  and  he  passed  the  mouth  of 
the  Columbia,  without  notice,  in  a  gloomy  night.  On  the 
15th  of  August,  1775,  Haceta  observed  an  opening  in  the 
coast,  in  latitude  46°  17  from  which  issued  a  current  so 
strong  as  to  prevent  him  from  entering.     He  was,  howev- 


OREGON.  150 

er,  thoroughly  convinced  of  tlie  existence  of  a  river,  to 
which  he  gave  the  name  of  Rio  St.  Roc,  the  first  intimation 
that  there  was  such  a  river  as  the  Columbia.  It  is  very 
certain  that  there  was  no  Spanish  settlement  ever  made 
nortii  of  Cape  Mendocino,  from  the  fact  that  the  whole 
coast,  for  many  degrees,  was  wild  and  uninhabitable ;  but 
had  it  been  capable  of  improvement  and  fit  for  the  habita- 
tions of  settlers,  the  case  would  not  have  been  altered. 
Discover}  amounts  to  nothing,  unless  there  is  an  alleged 
intention  of  occupation:  for  instance,  the  continent  of 
America  was  discovered  by  the  English,  but  who  question- 
ed the  right  of  the  French  to  settle  ?  One  part  of  this 
continent  was  occupied  by  the  Spanish,  but  the  French 
established  themselves  in  Louisiana.  When  it  is  ascer- 
tained that  there  is  an  abandonment  on  the  part  of  the 
discoverer,  that  they  have  no  design  to  introduce  their 
people  and  laws,  any  other  country,  "  after  a  reasonable 
time,^'  may  take  possession.  The  opportunity  was  given 
them,  but  as  they  did  not  avail  themselves  of  it,  there  is  a 
surrender  of  their  claims,  and  any  other  power  may  step 
in.  A  "  settlement"  must  be  understood  to  mean  "  the  es- 
tablishment of  the  laws  or  government  of  the  persons 
making  the  settlement,  with  the  assent  and  authority  of  the 
nation  to  which  they  belong."  Unless  this  authority  is  vest- 
ed in  them,  their  discoveries  and  occupations  amount  to 
nothing,  and  is  so  regarded  by  the  laws  of  nations.  His 
own  government  may  afterwards  recognise  the  settlement, 
"but  unless  it  is  so  recognised  it  does  not  become  a  de- 
pendency of  the  nation  of  the  settler." 

Afler  the  discovery  of  the  northwest  coast  by  the  Span- 
ish, there  was  no  Spanish  settlement  on  it.  There  was 
an  abandonment  at  the  very  time  the  English  were  at 
Nootka,  and,  consequently,  they  have  a  perfect  right  to 
establish  their  own  settlements.    Upon  the  intelligence  of 


156  OREGON. 

the  seizure  of  the  vessels  by  Martinez,  the  British  at  once 
declared  their  determination  to  make  settlements,  and  on 
the  5th  of  May,  1790,  the  Crown  delivered  a  message  to 
Parliament,  complaining  ''  that  no  satisfaction  was  made 
or  offered  for  the  acts  of  seizure,  and  that  a  direct  claim 
was  asserted  by  the  Courts  of  Spain  to  the  exclusive 
rights  of  sovereignty,  navigation,  and  commerce,  in  the 
territories,  coasts,  and  seas  in  that  part  of  the  world." 
Spain,  without  a  moment^s  hesitation,  affirmed  in  her  reply, 
dated  Aranjuez,  June  4,  1790,  signed  by  the  Conde  de 
Florida  Blanca,  that  "•  although  Spain  may  not  have  es- 
tabhshed  tracts  or  colonies  planted  upon  the  coast  or  in 
the  ports  in  dispute,  it  does  not  follow  that  such  ports  or 
coasts  do  not  belong  to  her."  At  all  events  England  so 
regarded  it,  and  insisted  that  ^^  English  subjects  had  an 
indisputable  right  to  the  enjoyment  of  a  free  and  uninter- 
rupted navigation,  commerce,  and  fishery,  and  to  ihe  pos- 
session of  such  establishments  as  they  should  form  with 
the  consent  of  the  natives  of  the  country,  not  previously 
occupied  by  any  European  nation."  Spain  now  yielded, 
and  took  no  farther  step  to  secure  the  territory  by  oc- 
cupation, and  '^  there  was  no  assertion  of  a  right  to  occu- 
py, in  case  occupation  was  taken  by  an  European  power." 
Afterwards,  there  was  a  convention  between  Great  Britain 
and  Spain,  signed  at  the  Escurial,  October  28, 1790,  which 
gave  to  both  countries  the  privilege  of  navigation,  and  car- 
rying on  their  fisheries  on  the  coasts  of  the  Pacific ;  and  it 
wcs  moreover  agreed,  "  in  all  other  parts  of  the  northwest 
ern  coast  of  North  America,  or  of  the  islands  adjacent, 
situated  to  the  north  of  the  parts  of  the  said  coasts  already 
occupied  by  Spain,  wherever  the  subjects  of  either  of  the 
two  powers  shall  have  made  settlements,  since  the  month 
of  April,  1789,  or  shall  hereafter  make  any,  the  subjects  of 
the  other  shall  have  free  access."    Here  then  was  a  clear 


OREGON.  157 

admission  of  the  right  of  Great  Britain  to  make  settle- 
ments, and,  of  consequence,  to  introduce  her  customs  and 
laws,  which  could  not  be  revoked  by  war,  not  being  the 
result  oi  favor  or  concession.  It  is  very  certain  that  Cap- 
tain Gray  is  entitled  to  great  credit  for  his  zeal  and  perse- 
verance in  attempting  to  discover  the  Columbia,  as  he  was 
the  first  person,  after  Haceta,  who  placed  it  on  his  chart, 
''''  within  one  mile  of  its  true  posilion.^^  It  has  been  said 
that  Vancouver's  feelings  towards  Captain  Gray  were  un- 
friendly, and  that  he  did  not  attach  proper  credit  to  his 
discoveries.  This  cannot  be  so ;  for  he  makes  the  fullest 
acknowledgment  of  his  superior  services.  As  a  proof  of 
it,  he  retained  the  name  of  "  Adam's  Point"  on  His  chart, 
and  adopted  that  of  Gray's  ship,  the  •■'  Columbia,"  as  the 
name  of  the  river.  The  account  given  by  Broughton  re- 
moves all  doubt  as  to  any  intended  misrepresentation  on  the 
part  of  Vancouver,  and  we  hope  all  will  read  it  who  ques- 
tions his  intentions.  The  following  is  a  sketch  from  the 
log-book  of  the  Columbia,  which  determines  the  point  of 
controversy  as  to  the  discovery  of  the  Columbia : 

"It  appears  by  the  log-book  of  the 'Columbia,'  that  Gray  crossed 
the  bar  of  the  river  on  the  11th  of  May,  1792.  At  one  o'clock  he  an- 
chored. At  noon  of  the  14th  he  weighed  anchor — at  four  o'clock  he 
had  sailed  upwards  of  12  or  15  miles,  and  at  half  past  four  o'clock  the 
ship  took  ground,  when  she  was  backed  off,  and  again  anchored.  On 
the  15th  Gray  dropped  down  the  river,  and  the  subsequent  movements 
were  to  get  the  vessel  out.  On  the  20th  he  got  clear  of  the  bar.  The 
river  he  named  the  Columbia,  and  called  one  point  of  the  entrance 
Adams's  point,  and  the  other  Hancock's  point. 

"Captain  Vancouver  states  (vol.  ii,  p.  53)  that  Broughton  had  with 
him  a  chart  made  by  Gray — that  he  got  to  an  inlet  which  he  supposed 
the  chart  to  represent,  and  passed  Adams's  point.  After  a  minute  des- 
cription of  it,  he  says,  Hhis  bay  terminated  the  researches  of  Mr.  Gray, 
and  to  commemorate  his  discovery,  it  was  named  'Gray's  bay.' '  This 
/rertainly  proves  that  there  was  no  wish  to  avoid  acknowledging  Gray's 
merits.  The  inlet  from  the  sea  to  the  river  runs  about  east  and  west, 
13 


158  OREGON. 

and  in  the  chart  of  Vancouver  'Gray's  bay'  is  placed  east  of  Adams's 
point,  and  far  inland.  On  the  24th  of  October  (1T92)  Broughton  left 
the  'Chatham'  in  lat.  43°  17',  having  brought  it  as  far  within  the  bay 
as  he  thought  safe,  and  as  far  as  he  had  reason  to  suppose  the  'Colum- 
bia' had  been  brought. — (Vancouver,  vol.  ii,  p.  56.)  He  then  pro- 
ceeded to  survey  m  a  boat,  taking  with  him  a  week's  provisions.  He 
proceeded  up  the  river  until  the  30th ,  and  calculated  the  distance  he 
went,  and  which  he  particularly  describes, 'from  what  he  considered 
to  be  the  entrance  of  the  river,  to  be  84,  and  from  the  'Chatham'  100 
miles,"  That  is,  that  the  entrance  of  the  river  was  16  miles  (upwards 
of  five  leagues)  above  where  he  left  the'Chatham,'  and  consequenly  above 
where  Gray  anchored .  He  therefore  came  to  the  conclusion  that  Gray  did 
not  see  what  he  called  and  explained  to  be  'the  entrance,'  and  this  conclu- 
sion is  sustained  by  the  distance  mentioned  in  Gray's  own  log-book." 

It  is  very  certain  that  before  Gray  entered  the  river  the 
coast  had  been  fully  traced  and  examined.     The  posses- 
sion of  a  river  may  be  followed  with  important  inland 
rights ;  but  Gray  neither  discovered  it,  nor  had  authority 
to  do  so,  had  such  discovery  been   made.     He   was  in 
a  private   ship,  having  for  his  object  the   attainment  of 
private  ends,  and  was  not  empowered  by  this  Govern- 
ment to  settle.     The  sending  out  of  an  explorer  by  the 
President  of  the  United  States,  without  the  concurrence 
of  Congress,  is  illegal,  and  can  avail  nothing.     The  Con- 
stitution does  not  vest  in  him  that  power.     It  expressly 
says,  in   its  firsi  article,  "that  all   legislative  power  is 
vested  in  Congress;"    and  when  the  President   acts  in 
opposition    to    this    provision,  it   is   assuming   authority 
which  is  not  delegated.     By  an  act  like  this  there  can  be 
no  territory  annexed,  no  legal  acquisition  by  our  Govern- 
ment.   The  executive  and  national  legislature  must  co- 
operate, and  without  their  co-operation  there  is  a  palpable 
violation  of  the  Constitution.     Not  so  with  Great  Britain ; 
her  laws  and  government  widely  differ  from  ours,  and  all 
power  is  vested  in  the  "  Crown."    The  sanction  of  Parlia- 


OREGON.  159 

ment  is  not  needed  to  make  or  confirm  a  law.  The  decla- 
rations of  the  crown  are  valid,  and  cannot  be  reversed. 
The  crown  possesses  absolute  authority  to  extend  its  sov- 
ereignty ;  it  can  send  its  diplomatists  to  treat  for,  its  sol- 
diers to  conquer,  and  its  people  to  settle  new  countries.  The 
taking  possession,therefore,  of  unoccupied  lands  by  persons 
officially  authorized — and  no  private  person  can  assume 
the  authority — is  the  exercise  of  a  sovereign  power,  a  dis- 
tinct act  of  legislation,  by  which  the  new  territory  becomes 
annexed  to  the  dominion  of  the  crown. 

In  1805,  there  was  an  exploration,  made  by  Le-  '«■  and 
Clark,  of  the  country  west  of  the  Rocky  Mounta..  lo 
returned  to  the  United  States  in  the  following  year.  But 
this  act  did  not  rest  on  any  original  right,  nor  was  it  sus- 
tained by  any  act  of  the  American  Congress.  The  scheme 
was  projected  by  Mr.  Jefferson,  it  is  true,  and  that  is  all ; 
there  was  no  legislative  approval ;  and  therefore,  under  an 
express  provision  of  the  Constitution,  the  undertaking  falls 
to  the  ground.  In  1810,  a  house  was  built  by  Captain 
Smith,  of  Boston,  on  the  south  bank  of  the  Columbia, 
which  he  deserted  before  the  close  of  the  year.  This, 
however,  was  a  private  act,  to  which  no  weight  is  attached. 
Soon  afler,  it  is  known,  John  Jacob  Astor  established  the 
"  Pacific  Fur  Company."  To  the  British  Northwest  Com- 
pany his  intentions  were  communicated,  and  to  them  a 
large  interest  in  the  scheme  was  offered.  This  co-part- 
nership was  soon  dissolved,  and  all  the  furs  and  stock  sold 
to  the  Northwest  Company  for  about  JJ58,000.  From  the 
facts  mentioned,  it  may  be  concluded,  in  short,  "that 
Spain  never  occupied,  but  abandoned  the  west  coast  of 
North  America ;  that  the  British  Government  announced 
its  intention  to  occupy,  and  formally  declared  the  annexa- 
tion of  parts  of  the  coast  to  its  own  territory,  acting,  in 
this  respect,  as  the  Government  of  Russia  has  done,  and 


160  OREGON. 

that  the  British  settlements  on  the  Columbia  were  the  first 
of  a  national  and  legal  character,  recognised  as  such  by 
foreign  nations. 

With  respect  to  the  rights  of  the  French  to  the  Valley 
of  the  Mississippi,  Mr.  Greenhow  and  others  seem  to  think 
that  they  extended,  indefinitely,  west  and  north.    It  can 
be  most  distinctly   demonstrated,  says  Falconer,  ^^  that 
there  is  not  the  slightest  foundations  for  this  statement.^' 
Before  the  settlers  who  accompanied  La  Salle  sailed  to 
establish  the  colony  of  Louisiana,  Beaujeau  promised  to  act 
under  the  orders  of  the  Governor  and  Intendant  of  Can- 
ada.   In  the  grant  made  by  Louis  XIV,  Crozat,  it  is  dis- 
tinctly mentioned  that  Louisiana  was  to  be  subordinate  to 
the  General  Government  of  New  France  (Canada.)     The 
extent  of  the  province  north  was  to  be  to  the  Illinois,  but 
the  Illinois  was  subsequently  added  to  it.     The  Govern- 
ment of  Canada  had  the  control  of  the  whole,  and  the  ju- 
risdiction of  the  subordinate  could  only  be  over  the  terri- 
tory defined  as  the  province  of  Louisiana.    This  province 
did  not  extend  in  1712  farther  to  the  north  than  the  Illi- 
nois ;  all  the  north  remained  part  of  Canada.    The  highest 
point  of  Louisiana,  at  the  time  of  the  surrender  of  Canada, 
was  the  head  waters  of  the  Illinois.     First,  then,  as  a  sub- 
ordinate province,  partly  formed  out  of  Canada,  Louisiana 
extended  no  farther  than  the  distinct  boundaries  of  it  could 
be  shown.    Secondly,  it  never  extended  further  north  than 
the  Illinois  river.     Thirdly,  the  extent  of  the  question  of 
Louisiana  was  argued  at  the  peace  of  1762.     Fourthly, 
Canada,  in  its  fullest  extent,  was  ceded  to  Great  Britain. 
And  lastly,  the  official  map  used  by  France  in  its  negotia- 
tions with  Great  Britain,  incontestably  proves,  that  the 
pountry  north    and    northwest   of  the    Mississippi  was 
ceded  as  the  province  of  Canada.    By  a  treaty  signed 
between  the  negotiators  of  Great  Britain  and  the  United 


OREGON.  161 

States,  in  April,  1807,  it  was  agreed  that  the  parallel  of 
49°  should  be  the  boundary  between  British  and  American 
settlers.  From  some  cause  or  other,  however,  the  treaty 
was  not  ratified,  and  the  subject  was  not  discussed  again 
until  1814.  Various  reasons  have  been  assigned  why  this 
parallel  was  not  established,  but  it  is  very  certain  that  Mr. 
Jefferson  was  perfectly  satisfied  with  it,  but  feared  that 
the  allusion  to  any  claim  extending  to  the  coast,  would  be 
offensive  to  Spain.  This  was  in  1807,  after  the  purchase 
of  Louisiana.  It  has  been  argued,  that  the  rights  granted 
to  the  United  States  under  the  treaty  of  Utrecht,  were  su- 
perior to  any  maintained  by  foreign  powers.  The  treaty 
of  Utrecht  is  one  of  a  cycle,  or  cluster  of  treaties,  then  and 
there  concluded,  between  1711  and  1714.  They  were 
chiefly  separate  conventions  of  nation  with  nation,  among 
those  engaged  in  the  "war  of  the  succession."  England^s  part 
of  them  alone  extended  to  some  13;  and  among  them  was 
this  with  France,  in  which,  among  other  things,  was  deter- 
mined the  boundary  of  the  Hudson  Bay  possessions  of  the 
one,  and  the  Canadian  and  Louisianian  of  the  other.  By 
it  they  settled  that,  from  the  Lake  of  the  Woods  on  the 
49th  degree,  the  limiting  line  between  them  should  run 
"  indefinitely  west.''''  Col.  Benton  has  considered  this  as 
carrying  it  from  ocean  to  ocean ;  but,  of  course,  it  meant 
only  "  so  far  as  either  nation  had  co-terminous  claims." 
Neither  had  yet  carried  its  possessions  or  discovery  to  the 
Rocky  Mountains,  their  natural,  inevitable  boundary,  as 
running  west  from  the  Atlantic  or  its  waters.  But  they 
stopped  there,  from  the  fact  that  counter  discoveries  had 
been  made  on  the  Pacific,  in  which  France  had  no  share, 
and  which  ascended  in  an  opposite  direction,  to  the 
sources  of  whatever  waters  emptied  themselves  along  the 
coast  visited.    It  is  thus  plainly  seen,  that — 


162  OREGON. 

1st.  This  convention  settled  nothing  beyond  the  valley 
of  the  Mississippi  west. 

2d.  That  for  any  thing  beyond  there  could  nothing  arise 
out  of  an  agreement  between  these  parties,  because  one 
of  them  (France)  had  no  right  there. 

3d.  That,  to  have  made  the  convention  of  any  effect, 
Spain  should  have  been  the  counter-party,  not  France^ 
with  England. 

Accordingly,  it  is  perfectly  clear  that  France  herself 
neoer.^  for  an  instant,  set  up  any  title  for  any  thing  west 
of  the  Rocky  Mountains.  Her  entire  territorial  rights  in 
North  America  ascended  from  the  St.  Lawrence,  on  one 
part,  and  from  the  Mississippi,  on  the  other,  and  ended 
with  their  waters.  So  clear  was  this,  that  it  was  never 
till  1814,  in  the  contest  between  Spain  and  the  United 
States  for  Florida,  that  any  pretension  of  right  to  Oregon, 
derived  from  France^  was  set  up  *,  and  even  then  no  at- 
tempt was  made  to  explain  how  that  right  came  about. 

Our  own  public  acts,  just  before  and  just  afler  our  ac- 
quisition, estop  us  in  the  most  decided  manner.  In  fitting 
out  the  expedition  of  Lewis  and  Clark,  while  the  negotia- 
tion for  the  purchase  of  Louisiana  was  pending,  (Febru- 
ary, 1803,)  Mr.  Jefferson  prepared  instructions  for  these 
commanders,  in  which  he  expressly  tells  them  that  the  ob- 
ject of  the  exploration  was  not  to  make  discovery  of  any 
territorial  claim;  that  it  was  purely  commercial^  and 
with  a  view  to  open  a  trade  west  of  our  possessions;  that^ 
therefore,  to  guard  against  any  misapprehension  or  inter- 
ruption, he  had  applied  to  the  Governments  claiming  the 
soil — to  Spain,  England,  and  Russia — and  obtained  from 
them  PASSPORTS /or  the  party.  France,  it  is  believed,  is  not 
mentioned,  or,  if  included,  could  only  have  been  so  as  then 
the  proprietor  of  Louisiana.  This  application  was  a  clear 
pledge  of  our  faith  to  all  the  Governments  included  that 


OREGON.  163 

we  meant  to  make  no  territorial  claim.  If  our  title  had 
been  considered  by  Mr.  Jefferson  "  clear  and  unquestiona- 
ble,'^ can  it  be  supposed  that  this  application  would  have 
been  made  to  said  powers?  It  obviously  implies  doubt; 
for  there  would  have  been  no  ))assports  asked  unless  their 
claims  were  superior.  Now  this  was  eleven  years  after 
the  alleged  discovery  of  Captain  Gray,  (1792,)  of  whom, 
therefore,  nothing  more  need  be  said.  So  much  for  what 
preceded  the  purchase  of  Louisiana,  concluded  on  the 
30th  of  April,  1803,  and  known  to  our  Government  in 
June,  or  early  in  July  following,  which  was  several  months 
before  the  departure  of  Captain  Lewis,  (October,  we  think,) 
and  yet  no  change  wa^  made  in  his  instructions.  Nor  is 
it  until  the  expedition  reached  the  mouth  of  the  Columbia, 
in  1804,  that  we  hear  any  thing  of  our  claim.  Those  offi. 
cers  then,  in  entire  disregard  of  their  instructions,  took 
possession  in  the  name  of  the  United  States.  A  very  sin- 
gular act  every  way ;  utterly  illegal  and  unjust,  being  an 
individual  act ;  for  if  they  went  upon  a  title  created  by  dis- 
covery, they  knew  of  that  of  Gray's  only  by  vague  report ; 
and  it  had  been  waived  by  their  Government.  And  as  for 
their  own  discoveries,  not  only  were  they  deprived  by  the 
orders  and  pledges  of  their  Government  of  all  power  to 
make  any  such  as  conferred  any  title  to  the  soil,  but  they 
knew  that  the  very  ground  on  which  they  went  through  the 
ceremony  of  taking  possession  was  far  below  the  point  to 
which  Lieutenant  Broughton  had  surveyed  the  Oregon  in 
1792,  he  having  examined  it  with  his  boats  90  miles  up- 
wards, and  they  themselves  using  his  journal,  and  calling 
capes  and  mountains  by  the  names  which  Lieutenant  B.  has 
given  them.  In  the  negotiations  at  Madrid,  in  1805,  as  to 
the  western  boundary  of  Louisiana,  no  claim  was  set  up 
beyond  a  line  from  the  sources  of  the  Rio  Grande,  or  else 
the  Colorado,  around  the  western  heads  of  the  waters  of 


164  OREGON. 

the  Missouri,  and  so  ^Ho  the  northern  boundary  of  Louis- 
iana.''  All  this,  then,  flings  our  entire  claim  upon  the 
right  derived  from  Spain  by  the  treaty  of  1819,  and  so 
substitutes  us  for  her  in  the  Nootka  Sound  convention 
of  1790. 

It  is  argued  by  several  writers,  whose  views  are  manifestly 
partial^  that  this  convention  was  entirely  annulled  by  the 
war  of  1804,  while  Joseph  Bonaparte  was  on  the  throne, 
thereby  vesting  all  right  in  the  United  States.  It  is  utterly 
impossible  to  infer  from  this  that  the  claims  of  Britain 
were  invalidated ;  for  it  has  never  been  denied  that  the 
territorial  boundaries  of  countries  are  disturbed  by  war, 
unless  there  is  a  concession  on  the  part  of  the  party  con- 
quered. Treaties  may  be  dissolved^  but  territorial  limits 
cannot  be  destroyed.  Again :  If  this  convention  had  been 
annulled,  ^^and  stricken  from  existence,^^  would  it  have 
been  afterwards  referred  to,  and  the  proceedings  of  it  con- 
sulted in  all  the  subsequent  negotiations  touching  treaty 
stipulations  ."*  It  is  very  certain  that  in  the  convention  of 
1818,  when  a  review  of  the  past  was  taken,  with  a  desire 
of  ending  disputes  and  difficulties,  the  proceedings  of  this 
Nootka  Sound  convention,  every  suggestion  that  was 
made,  and  every  circumstance  that  occurred,  was  careful- 
ly weighed ;  and,  indeed,  their  whole  action  was  entirely 
based  upon  what  had  been  said  and  done. 

In  the  controversies  that  have  existed  between  the 
United  States  and  Great  Britain,  it  is  contended  by  the 
latter  that  Haceta,  a  Spaniard,  was  the  first  discoverer  of 
the  Columbia  river.  It  is  conceded  on  all  hands  that  he  first 
saw  the  coast  of  the  Columbiu,  but  the  existence  of  this 
river  was  believed  by  many  long  before  his  time.  And  its 
coasts  must  have  been  seen  by  all  the  navigators  who  sail- 
ed in  sight  of  it.  The  mere  fact  of  seeing  the  coast  first 
is  not  sufficient.     This  has  been  done  hundreds  of  times. 


OREGON.  1G5 

.  and  not  the  least  importance  attached  to  it.  In  making  a 
discovery  it  is  necessary  to  ascertain  the  river,  to  see  it, 
and  know  it  to  be  a  river.  This  Spaniard  sailed  for  many 
miles  along  the  coast  of  the  Pacific,  but  never  entered  into 
any  examination ;  he  cannot,  therefore,  be  considered  a 
discoverer.  It  is  very  true  that  the  discovery  of  one  part 
of  a  river  points  out  the  way  to  further  discoveries.  A 
clue  is  given,  and  investigations  continue  to  be  made,  until 
the  party  or  parties  are  perfectly  satisfied.  If,  however, 
we  have  any  title  to  the  discovery  of  the  Columbia  river, 
it  is  very  certain  it  has  not  been  disturbed  by  the  set- 
tlements of  other  countries ;  for  there  have  been  no  settle, 
ments  made  prior  to  our  own.  The  following  is  Haceta^s 
account,  while  cruising  along  the  coasts  of  the  Pacific, 
which  is  no  evidence  that  he  ever  saw  the  opening  of  the 
land  through  which  the  river  issues : 

'*In  the  evening  of  this  day  I  discovered  a  large  bay,  to  which  I 
gave  the  name  of  Assumption  bay,  and  of  which  a  plan  will  be  found 
in  this  journal.  Its  latitude  and  longitude  are  determined  according  to 
the  most  exact  means  afforded  by  theory  and  practice. 

"  The  latitudes  of  the  two  most  prominent  capes  of  this  bay,  espe- 
cially of  the  northern  one,  are  calculated  from  the  observations  of  this 
day. 

''Having  arrived  opposite  this  bay  at  six  in  the  evening,  and  placed 
the  ship  nearly  midway  between  the  two  capes,  I  sounded,  and  found 
bottom  in  twenty-four  brazas;  the  currents  and  eddies  were  so  strong 
that,  notwithstanding  a  press  of  sail,  it  was  difficult  to  get  out  clear  of 
the  northern  cape,  towards  which  the  cniTent  ran,  though  its  direction 
was  eastward,  in  consequence  of  the  tide  being  at  flood. 

"These  currents  and  eddies  of  the  water  caused  me  to  believe  that  the 
{dace  is  the  mouth  of  some  gieat  river,  or  of  some  passage  to  another 
sea. 

"Had  I  been  certain  of  the  latitude  of  this  bay,  from  my  observations 
of  the  same  day,  I  might  easily  have  believed  it  to  be  the  passage  dis- 
covered by  Juan  de  Fuca,  in  1592,  which  is  placed  on  the  charts  be- 
tween the  47th  and  the  48th  degrees,  where  I  am  certain  that  no  such 
14 


166  OUCGON. 

•trail  exists;  because  1  anchored,  on  the  14tli  of  July,  midway  between 
these  two  latitudes,  and  rarefuUy  examined  every  thing  around. 

<< Notwithstanding  the  great  difference  between  the  position  of  this 
bay  and  the  passage  mentioned  by  De  Fuca,  I  have  little  difficulty  in 
conceiving  Uiat  they  may  be  the  same,  havmg  observed  equal  or  greater 
differences  in  the  latitudes  of  other  capes  and  ports  on  this  coast,  as  I 
shall  show  at  its  proper  time;  and  in  all  cases tlie  latitudes  thus  assigned 
are  higher  than  the  real  ones. 

''I  did  not  enter  and  anchor  in  this  port,  which  in  my  plan  I  sup- 
pose to  be  formed  by  aii  island,  notwithstanding  my  strong  desire  to  do 
so;  because,  having  consulted  the  second  captain,  Don  Juan  Perez, 
and  the  pilot,  Don  Christoval  Revilla,  they  insisted  that  I  ought  not  to 
attempt  it,  as,  if  we  let  go  the  anchor,  we  should  not  have  men  enough 
to  get  it  up,  and  to  attend  to  the  other  operations  which  would  be  there- 
by rendered  necessary.  Considering  this,  and  also  that,  in  order  to 
reach  the  anchorage,  I  should  be  obliged  to  lower  my  long  boat,  (the 
only  boat  I  had,)  and  to  man  it  with  at  least  fourteen  of  the  crew,  as  I 
could  not  manage  with  fewer,  and  also  that  it  was  then  late  in  the  day, 
I  resolved  to  put  out;  and  at  the  distance  of  three  or  four  leagues  I  lay 
to.  In  the  course  of  that  night  I  experienced  heavy  currents  to  the 
southeast,  which  made  it  impossible  for  me  to  enter  the  bay  on  the  fol- 
lowing morning,  as  I  was  far  to  leeward. 

"These  currents,  however,  convinced  me  that  a  great  quantity  of 
water  rushed  from  this  bay  on  the  ebb  of  the  tide. 

"The  two  capes  which  I  name  in  my  plan  Cape  San  Roque  and 
Cape  Frondosa,  lie  in  the  angle  of  ten  degrees  of  the  third  quadrant. 
They  are  both  faced  with  red  earth,  and  are  of  litde  elevation." 

But  so  soon  as  the  river  above  mentioned  was  discovered, 
and  the  intelligence  reached  England,  3IcKenzie  was  sent 
out  to  make  what  developments  he  could.  In  order  to  ac- 
complish this,  the  British  navigator  took  the  Canadas  in  his 
route,  missing  all  the  waters  of  the  Columbia,  and  falling 
upon  the  Tacoutche  Terse,  McKcnzie  was  soon  privy  to  all 
the  circumstances  connected  with  the  discovery  by  Lewis 
and  Clark,  and  finding  himself  in  a  dilemma,  determined 
to  seize  the  river,  and  jlteserve  the  trade  and  dominion  of 
his  own  country,  and  to  drive  away,  if  possible,  all  '''•Jimer- 


OREGON.  167 

Uan  adventurers.''^  From  that  day  to  this  the  labors  of 
the  British  negotiators,  and  all  concerned  in  the  success 
of  British  claims,  have  been  zealously  engaged  in  advancing 
arguments  and  suggesting  ways  and  means  by  which  they 
would  have  free  access  to  the  Columbia.  Their  main  ob- 
ject was,  to  annul  the  established  boundary  of  the  49th 
degree  of  latitude;  for  as  long  as  this  boundary  ex- 
isted, they  could  not  advance  within  three  degrees  of  the 
mouth  of  the  Columbia,  which  was  in  46  degrees.  Louis- 
iana was  acquired  in  1803.  At  the  very  time  that  this 
treaty  was  signed  at  London,  (without  a  knowledge  of 
what  was  done  at  Paris,)  "fixing,  among  other  things, 
the  line  from  the  Lake  of  the  Woods  to  the  Mississip- 
pi." Mr.  Jefferson  refused  to  sign  it,  fearing  that  it 
might  disturb  the  boundary  of  Louisiana  and  the  par- 
allel of  forty-nine  degrees.  There  was  another  treaty  in 
1807,  between  Mr.  Monroe  and  Mr.  Pinckney,  on  one 
side,  and  Lords  Holland  and  Auckland  on  the  other.  The 
British  were  aware  of  all  that  had  passed ;  that  we  had 
acquired  Louisiana,  and  established  the  49th  parallel,  and 
they  set  systematically  to  work  to  destroy  that  line.  An 
article  was  at  last  agreed  upon,  in  which  the  British  suc- 
ceeded in  stopping  at  the  Rocky  Mountains.  Mr.  Jeffer- 
son rejected  this  also,  and  there  the  matter  rested.  A 
third  attempt  was  made  at  Ghent,  where  the  British  in- 
cluded in  their  proposition  the  privilege  of  navigating  the 
Mississippi.  Here  they  were  again  foiled;  but  such  was 
their  perseverance,  that  their  object  was  accomplished  to 
their  satisfaction  in  the  convention  signed  at  London  in  . 
1818.  That  convention  opened  the  Columbia  to  the  joint 
occupation  and  free  use  of  the  British.,  which  was  confirm- 
ed by  the  United  States^  and  became  valid  and  obligatory. 
"  But  it  is  a  point,"  says  the  distinguished  Senator  from  Mis- 
souri, Mr.  Benton,  "not  to  be  overlooked  or  undervalued  in 


168  OREGON. 

this  case,  that  it  was  in  the  year  1818  that  this  arrestation 
of  the  Hne  took  place.  That  up  to  that  period  it  was  in  full 
force  in  all  its  extent,  and  consequently  in  full  force  to  the 
Pacific  Ocean,  and  a  complete  bar,  leaving  out  all  other 
barriers,  to  any  British  acquisition  by  discovery,  south  of 
49  de^  )es,  in  North  America/^  Let  us  look,  for  a  moment, 
at  the  Spanish  treaty.  The  United  States,  by  that  treaty, 
succeeded  to  all  the  rights  of  Spain  on  the  northwest 
coast  of  America  north  of  42  degrees.  Don  Onis  says, 
'''•  that  these  rights  extended  to  the  Russian  possessions, 
the  British  having  nothing  on  that  coast.^^  That  point 
was  decided  by  the  Nootka  treaty  of  1790.  It  was  decid- 
ed "that  Nootka,  four  degrees  north  of  the  Columbia,"  be- 
longed to  the  United  States.  The  privilege  of  hunting 
and  fishing  and  erecting  huts  was  granted  to  them.  Colo- 
nization was  positively  denied — the  3d  and  6th  articles  of 
the  treaty  will  prove  this.  The  British  should  have  nothing 
to  do  with  the  Columbia  river.  Up  to  the  year  1818  it 
was  never  contended  for.  After  that  time,  a  field  was  open 
to  them,  and  they  have  taken  possession  of  it  to  the  fullest 
extent." 

It  is  denied  by  many  that  the  49th  degree  of  latitude 
was  ever  established  as  the  boundary  between  the  British 
and  American  possessions  in  Oregon  ;  and  that  this  line 
has  been  adopted  by  those  of  our  countrymen  who  wish 
to  favor  the  British  side  of  tht  question.  The  very  able 
speech  delivered  by  Mr.  Benton  in  the  Senate  on  the  12th 
of  January,  1843,*  goes  clearly  to  prove  that  this  is  the 
only  boundary  that  can  be  established  without  involving 
our  country  in  serious  difficulties,  and  probably  in  war. 
The  following  is  an  extract : 

"Mr.  BcTiton  said  he  would  not  restate  the  American 

*  Sec  Congressional  Globe,  27th  Congress,  3d  session,  page  74. 


ORE  GO  re.  169 

title  to  this  country ;  it  had  been  well  done  by  others  who 
had  preceded  him  in  the  debate.  He  would  only  give  a 
little  more  development  to  two  points — the  treaties  of  1803 
and  1819 ;  the  former  with  France,  by  which  we  acquired 
Louisiana ;  the  latter  with  Spain,  by  which  we  acquired  all 
her  rights  on  the  north W3st  coast  of  America  north  of  42°. 
By  the  first  of  these  treaties  we  became  a  party  to  the  10th 
article  of  the  treaty  of  Utrecht,  between  France  and  Eng- 
land ;  the  treaty  of  peace  of  1714,  which  terminated  the 
wars  of  Queen  Anne  and  Louis  XIY ,  and  settled  all  their 
differences  of  every  kind  in  Europe  and  America,  and  un- 
dertook to  prevent  the  recurrence  of  future  differences  be- 
tween them.  The  10th  article  of  this  treaty  applied  to 
their  settlements  and  territories  in  North  America,  and  di- 
rected commissioners  to  be  appointed  to  mark  and  define 
their  possessions.  These  commissaries  did  their  work. 
They  drew  a  line  from  ocean  to  ocean,  to  separate  the 
French  and  British  Dominions^  and  to  prevent  future  en- 
croachments and  colhsions.  This  line  began  on  the  coast 
of  Labrador,  and  followed  a  course  slightly  south  of  west, 
to  the  centre  of  North  America,  leaving  the  British  settle- 
ments of  Hudson's  Bay  to  the  north,  anc!  the  French  Ca- 
nadian possessions  to  the  south.  This  line  took  for  a  land- 
mark the  Lake  of  the  Woods,  which  was  then  beheved  to 
be  due  east  from  the  head  of  the  Mississippi ;  and  from 
that  point  took  the  49th  parallel  of  north  latitude  in- 
definitely to  the  west.  The  language  of  the  line  is  Hndefir 
nitelyp  and  this  established  the  northern  boundary  of 
Louinana^  and  erected  a  wall  beyond  which  future  French 
settlements  could  not  cross  to  the  north  nor  British  to  the 

south.  ■    •-^^^:  ■'-■:">    •'■■■  ..    H-.^i  :■■■    ^.-H    i-''-^    M   i\^-*t 

"The  rights  of  Grep*  Britain  are  recorded  and  defined 
in  the  convention  of  1790 ;  they  embrace  the  right  to  nav- 
igate the  waters  of  those  countries — to  settle  in  and  over 


170  OREGON. 

any  part  of  them,  and  to  trade  with  the  inhabitants  and  oc- 
cupiers of  the  same^  These  rights  have  been  peaceably  ex- 
ercised ever  since  the  date  of  that  convention ;  that  is,  for 
a  period  of  nearly  forty  years.  Under  that  convention, 
valuable  British  interests  have  grown  up  in  that  quarter." 

When  Louisiana  was  purchased,  we  were  mad«>  by  the 
treaty  of  1803,  a  party  to  the  \Oih  article  of  the  treaty^ 
Utrecht^  making  the  49th  parallel  the  same  to  us  and  the 
British  which  it  had  been  to  the  French  and  British.  As 
far  as  that  line  was  considered,  there  was  an  impassable  bar- 
rier presented  that  could  not  be  overleaped,  and  was 
equally  binding  upon  one  country  as  upon  the  other.  We 
admit  that  the  American,  Captain  Gray,  discovered  the 
Columbia,  at  its  mouth,  in  1790,  and  that  Lewis  and  Clark, 
Americans  also,  discovered  it  from  its  source  to  its  mouth, 
in  1804-'5,  thereby  making  the  title  of  discovery  good  and 
undeniable,  giving  the  control  of  the  whole  river. 

We  have  thus  briefly  presented  this  subject  to  the  Amer- 
ican people,  in  what  we  consider  a  fair  and  candid  ligh.. 
The  claims  of  the  different  disputants,  in  addition  to 
treaties^  cessions  and  negotiations^  with  all  statistical  data, 
have  been  carefully,  and,  we  trust,  impartially  considered. 
Our  opinions,  it  is  true,  have  been  freely  expressed  in  the 
analysis  made ;  we  have  not  scrupled  to  do  so,  but  it  has 
been  our  aim  throughout  to  form  correct  premises,  and 
from  them  to  take  accurate  conclusions ;  and  we  are  very 
sure,  should  any  error  or  mistake  have  been  made  by  us, 
placing  the  right  and  title  of  any  nation  in  an  unjust  or  il- 
liberal light,  it  has  not  resulted  from  a  desire  to  take  undue 
advantages  by  assuming  false  positions,  but  from  an  ardent 
wish  to  see  this  vexed  and  knotty  question  adjusted  on 
honorable  grounds,  finally  and  definitely,  and  that  too, 
speedily.  Is  it  to  be  wondered  that  England,  under  the 
circumstances,  should  be  anxious  to  take  possession  of  a 


OREGON.  171 

large  part  of  this  territory,  when  her  interests  in  every  par- 
ticular, commercial  and  agricultur*il,  would  be  advanced, 
and  her  dominions  extended  ?  Where  is  the  nation  on 
earth  that  is  not  anxious  to  add  to  her  possessions  by  ter- 
ritorial acquisition?  As  the  miser  gathers  his  hoarded 
treasures  together,  in  the  same  ratio  and  in  the  same  de- 
gree is  every  nation  inclined  to  extend  her  power  by  adding 
to  what  she  already  has.  It  is  natural  that  all  countries' 
v.'ill  adopt  those  means  and  use  those  efforts  that  wil^  add 
to  their  wealth,  and  increase  thereby  their  influence  with 
other  countries.  Mark  the  conduct  of  Great  Britain  to- 
wards different  foreign  powers  since  the  year  1730.  How 
different  from  that  of  other  countries !  What  a  constantly 
increasing,  an  unappeasable  appetite  for  territorial  aggran- 
dizement! How  long  and  hard  the  struggle  for  power  and 
dominion !  Her  philosophers,  poets,  and  orators,  her  lords 
and  nobles,  like  the  Caesars  of  old,  have  been  going  on  steadi- 
ly "  conquering  and  to  conquer,"  whitening  every  sea  with 
their  ships,  and  carrying  suffering  and  distress  to  the  once 
peaceful  firesides  of  unoffending  peasantry.  For  eight  hun- 
dred years  the  sword  has  been  busily  at  work !  The  king- 
dom of  Ireland,  distracted  and  oppressed  with  intestine 
commotions,  has  cried  loud  and  long  for  protection  and 
mercy.  Her  voice,  though  feeble,  has  been  heard  in  the 
remotest  parts  of  tne  civilized  world,  and  bursts  of  indig- 
nation have  gone  forth  upon  the  heads  of  hard-hearted  Bri- 
tons. The  eloquence  of  her  Burke,  her  Sheridan,  her  Grat- 
tan,  her  Emmett,  and  her  O'Connell,  pleading  the  cause  of 
the  injured  and  oppressed  in  language  of  true  eloquence, 
has  been  unheard  amidst  the  long  and  bloody  warfare  for 
dominion.  Wales,  too,  has  raised  her  imploring  voice,  that 
was  no  sooner  'heard  than  forgotten ;  while  Scotland,  un- 
suspecting Scotland,  has  maintained  her  ground,  and  resist- 
ed successfully  the  fell  sweep.     She  is  plying  $11  her  guilty 


172  OREGON. 

devices  to  be  the  autocrat  of  commerce,  planting  her  flag 
on  every  sea,  and  including  in  her  territorial  bounds  all  the 
small  islands  within  her  reach.  Look  to  the  course  of 
France  towards  this  country — the  good  will  and  friendship 
that  was  cherished  on  her  part ;  yet  she  has  taken  from 
her  the  Canadian  possessions,  which  justly  .belonged  to  her, 
securing  thereby  two  important  sources  of  revenue,  the  fur 
and  lumber  trade,  and  its  incaluahle  fisheries. 

How  has  she  treated  the  Dutch,  and  Spaniards,  and 
other  nations  having  possessions  in  the  West  India  islands  ? 
She  has  snatched  from  them  their  islands  one  by  one,  and 
indignantly  spurned  any  application  for  redress.  Gibraltar, 
the  property  of  the  Spaniards,  and  Malta,  owned  by  the 
Knights  of  St.  John,  have  fallen  a  victim  to  her  merciless 
ambition,  together  with  the  Ionian  Islands,  until  she  claims 
the  countries  on  the  Mediterranean  sea  from  its  eastern  to 
its  western  extremity.  The  French  in  India  have  lost 
what  they  had ;  province  after  province  has  been  swallow- 
ed up  in  the  great  vortex  of  English  ambition,  and  row  one 
hundred  millions  of  Hindoos  bow  to  her  imperial  sceptre. 
She  is  now  casting  a  longing,  wistful  eye  to  the  Oregon 
territory,  the  richest  jewel  yet.  To  this  long-neglected 
western  frontier  we  maintain  a  clear  and  unquestionable 
right.  Her  object  is  to  exclude,  if  possible,  the  United 
States  from  the  India  trade.  This  is  admitted  bv  all.  She 
wishes  to  carry  on  a  monopoly,  shutting  us  out  from  any 
cor/miercial  advan  age^  hxii  this  ice  protest  against.  We 
have  on  our  side  the  la/v  of  nations,  and  arguments  that 
can  nevor  be  refuted.  This  has  beeii  a  long  and  excited 
question  on  the  other  side  of  the  Atlantic,  as  well  a»  on 
this,  and  we  sincerely  trust  that  some  step  will  be  taken  to 
a*^  luire  the  territory  that  will  be  fair  and  equal,  but,  at  the 
same  time,  final  and  irrevocable. 


OREGON.  173 


A  TABLE  OF  DISTANCES  ' 

From  Independence,  Missouri,  to  the  interinediaic  points  between  that 
town  and  Astoria,  at  the  mouth  of  the  Qolumbia  river. 

Miles. 

Prom  Independence  to  the  Rendezvous    -            -            -            -  20 

Rendezvous  to  Elm  Grove              -            -            -            -  15 

t  •       Walpalusia  to  Kansas  river             -            -            -            -  31 

Kansas  river  to  Big  Sandy  creek    -            -            -            -  31 

Big  Sandy  to  Hurricane  branch      -            -            -            -  12 

Hurricane  branch  to  east  fork  of  Blue  river            -            -  20 

'" '        East  fork  to  west  fork  of  Blue  river            -                         -  15 
'•        West  fork,  where  we  came  in  sight  of  the  Republican  fork 

■'*           of  the  Blue  river              -            -            -            -            -  41 

*'•"       Up  Republican  fork  of  the  Blue  river  to  where  we  left  it  to 

'' '           cross  over  to  the  Big  Platte  river              -            -            -  65 

■          Up  the  Platte  to  where  we  saw  the  first  herd  of  Buffalo      -  55 

Up  the  same  to  the  crossing  on  north  fork  of  same  -            -  117 

•          South  fork  to  crossing  on  north  fork  of  same            -            -  31 

Crossing  of  north  fork  to  Cedar  Grove         -           -            -  13 

''"■'       Cedar  Grove  to  Solitary  Tower       -            -            -            -  18 

'    '      Solitary  Tower  to  Chimney  Rock  -            -            -            -  18 

**">      Chimney  Rock  to  Scott's  Bluffs     -            -            -            -  20 

<>^-       Scott's  Bluffs  to  Fort  Laramie         -            -            -            -  38 

*        Fort  Laramie  to  Big  Spring  at  the  foot  of  Black  HiH"          -  8 

Big  Spring  to  Kergan  on  north  fork  of  Platte          -            -  30 

Kergan  to  crossing  of  north  fork      -            -            -            -  84 

Crossing  of  north  fork  to  Sweetwater  river  -            -            -  55 
Up  Sweetwater  river  to  where  we  first  saw  the  eternal  snows 

of  the  Rocky  Mountains              -            -            -            -  60 

The  above  point  to  main  dividing  ridge  of  Rocky  Mountains  40 

Dividing  ridge  to  Little  Sandy  river             -            -            -  16 

Little  Sandy  to  Big  Sandy               -            -            -            -  14 

Big  Sandy  to  Green  river    -            -            -            -            -  25 

Dowf*  same            -            -            -            -            -            -  12 

To  Black  fork  of  Green  river           -            -            "            -  22 

Black  fork  to  Fort  bridge    -            -            -            -           -  30 


174  OREGON. 

Milea. 

From  Fort  biidge  to  Big  Muddy  river       -            -                        -  20 

Big  Muddy  to  Bear  river     -            -            -                        -  37 

Down  Bear  river  to  range  of  hills  mentioned  as  running  up 

to  its  bank           -            -            -            -            -            -  57 

Down  Bear  river  to  Great  Soda  spring         -            -            -  28 
Soda  spring  to  the  Portneuf  river,  the  fir^.  water  of  the  Co- 

i  V          lumbia    -            -            -            -            -            -            -  25 

." ;       To  Fort  Hall  in  the  Snake  or  Saptin  river  -            -            -  58 

i'-:       Fort  Hall  to  the  Portneuf  again       -            -            -            -  11 

» Z       Portneuf  to  Rock  creek       -            -            •            -            -  87 

>       Rock  creek  to  Salmon  falls  on  the  Saptin    -            -            -  42 

Salmon  falls  to  crossing  on  the  Saptin         -            -            -  27 

. ;       Crossing  of  Saptin  to  Boiling  spring           -            -            -  19 

Boiling  spring  to  Boise  river            -            -            -            -  48 

1 1       Down  same  to  Fort  Boise  on  Saptin            -            -            -  40 

Fort  Boise  to  Burnt  river    -            -            -       .     -            -  26 

/.■^       East  point  to  Powder  river  at  the  Lone  point           -            -  18 

The  Lone  point  to  Grand  river        -            -            -            -  15 

: ' ,      Grand  river  to  the  Umatilla  river  on  the  west  of  the  Blue 

t;.           Mountains           -            -            -                        -            -  43 

j:i       Umatilla  to  Dr.  Whitman's  mission            -            -            -  29 

>,j  -y,  Mission  to  fort  Wallawalla  -            -            -            -            -  25 

/-,|       Wallawalla  to  Mr.  Dalles'  mission  ....  120 

«)<;:       Dalles  to  Vancouver            .....  100 

XK       Vancouver  to  Astoria           -             -            -            •             -  Z^ 
Astoria  to  the  ocean             -             -             .            .             -10 


Makir4g  in  all  from  Independence  to  the  Pacific  ocean  2,0^6 


OREGON 


175 


TABLK  OP  DISTANCES 

Alotig  the  road  travelled  by  Ldent.  Premoni  in  1843  and  1844. 
ward  journey  from  Kansas  Landing  to  Port  Vancouver. 


Outr 


U>. 

tance  from 
sas  landing. 

!i 

^^ 

ii 

Date. 

5-5 

11 

1, 

Localities.             Date. 

j 

|2 

i 

Localities. 

s'^ 

.s  i 

«t3 

■s  S 

s- 

a^ 

1 

15 -s 

Qj2 

1843. 

MUa. 

MiUs. 

1843. 

MUes. 

MiUs. 

May  29 

7 

7 

Aug.    7 

30 

1,011 

30 

22 

29 

!           8 

29 

1,040 

31 

26 

55 

1            9 

26 

1,066 

Sweet  Water. 

June    1 

23 

78 

\          10 

23 

1,089 

2 

22 

100 

11 

29 

1,118 

3 

23 

123 

!•          12 

25 

1,143 

4 

18 

141 

;'      13 

Ul 

1,152 

South  Pass. 

5 

19 

160 

1,167 

6 

14 

174 

1'          14 

25 

1,192 

7 

8 

182 

15 

29 

1,221 

Green  river,  or  Rio 

8 

5 

187 

Junction  of  Smoky  ji          16 

26 

1,247 

Colorada. 

10 

1 

188 

Hill  and  Repub-  1;          17 

21 

1,268 

11 

24 

212 

lican  forka.           ;          18 

32 

1,300 

12 

28 

240 

19 

28 

1,328 

13 

18 

258 

i;     20 

30 

1,358 

14 

17 

275 

i!          21 

26 

1,384 

16 

21 

296 

;       22 

37 

1,421 

17 

14 

310 

;          23 

12 

1,433 

18 

23 

333 

24 

22 

1,455 

19 

18 

351 

25 

8 

1,463 

Beer  Springs. 

20 

26 

377 

26 

21 

1,484 

21 

27 

404 

■ 

27 

21 

1,505 

J 

23 

26 

430 

;      28 

27 

1,532 

23 

26 

456 

;          29 

17 

1,549 

24 

34 

490 

30 

19 

1,568 

25 

26 

516 

Crossing  of  the  Re- 

31 

26 

1,594 

26 

24 

540 

publican. 

Sept.     1 

22 

1,616 

27 

27 

567 

. 

1            2 

17 

1,633 

28 

30 

597 

" 

{            3 

3 

1,636 

Mouth  of  Bear  river. 

29 

21 

618 

4 

6 

1,642 

30 

26 

644 

South  fork. 

5 

27 

1,669 

July    1 

32 

676 

, 

:      6 

25 

1,694 

2 

29 

705 

'           8 

20 

1,714 

Shore  of  Salt  lake. 

3 

28 

733 

9 

8 

1,722 

Island  in  Salt  lake. 

4 

18 

751 

St.  Vrain'a  fort.       i           10 

28 

1,750 

26 

4 

755 

12 
13 

13 

1,763 

27 

26 

781 

27 

1,790 

28 

90 

801 

.     •  "^    -  ;■" 

1          1* 

24 

1,814 

-' 

29 

6 

807 

• 

i          15 

19 

1,833 

30 

24 

831 

.   ■. 

16 

26 

1,859 

31 

30 

861 

!          17 

24 

1,883 

Aug.    1 

26 

887 

18 

23 

1,906    Fort  Hall. 

2 

31 

918 

Medicine  Bow  riyer. 

\          22 

12 

1,918 

3 

26 

944 

24 

10 

1,928 

American    falls   on 

4 

18 

962 

North  Fork. 

25 

13 

1,941 

Lewis's  fork. 

6 

19 

981 

1          26 

17 

1,958 

176 


OREGON. 


Table  of  distances — Continued. 


Date. 

tance  travel- 
each  day. 

tance  from 
sas  landing. 

Localitiea. 

Date. 

~S 

It 

tance  from 
sas  landing. 

Localities. 

0)    c 

2  K 

1843. 

MiUs. 

Milts. 

1843. 

Miles. 

MiUs. 

Sept.  27 

20 

1,978 

Oct.    16 

13 

2,384 

28 

25 

2,003 

17 

21 

2,405 

29 

24 

2,027 

18 

20 

2,425 

30 

26 

2,053 

19 

21 

2,446 

Oct.     1 

16 

2,069 

20 

12 

2,458 

2 

29 

2,098 

1                    '  - 

21 

5 

2,463 

3 

16 

2,114 

22 

16 

2,479 

4 

19 

2,133 

24 

18 

2,497 

5 

26 

2,159 

25 

18 

2,515 

6 

22 

2,181 

26 

3 

2,518 

Fort  Nez  Perce,  at 

7 

23 

2;204 

28 

19 

2,537 

the  mouth  of  Wal- 

8 

26 

2,230 

,, 

29 

19 

2,556 

ahwalah  river. 

9 

24 

2,254 

30 

21 

2,577 

10 

2 

2,256 

Fort  Boise. 

31 

26 

2,603 

, 

11 

20 

2,276 

. 

Nov.   1 

23 

2,626 

• 

12 

27 

2,303 

i.       1 

2 

19 

2,645 

r 

13 

20 

2,323 

^ 

3. 

17 

2,662 

^  * 

14 

22 

2,345 

'     ' 

4 

14 

2,676 

Dalles. 

15 

26 

2,371 

6&7 

no 

2,766 

Fort  Vancouver. 

Homeward  journey— from  the  Dalles  to  the  Missouri  river. 


Date. 

ance  travel- 
each  day. 

3  sj 

Localities. 

Date. 

ance  travel- 
each  day. 

as 

5  « 

Loc^tiea. 

•^2 

3^ 

Bt3 

(5" 

1843. 

Miles. 

Miles. 

1843. 

Miles. 

Miles. 

i              «• 

Nov.  25 

12 

12 

J. 

Dec.  14 

21 

288 

■  » 

26 

22 

34 

ii 

15 

21 

309 

27 

13 

47 

16 

9 

318 

Summer  lake. 

28 

21 

68 

.[ 

17 

6 

324 

29 

21 

89 

'- 

18 

20 

344 

30 

10 

99 

j- 

19 

21 

365 

Dec.    1 

ti 

105 

20 

26 

391 

Lake  Abert 

2 

11 

116 

21 

6 

397 

3 

22 

138 

22 

29 

426 

"\. 

4 

9 

147 

23 

7 

433 

I 

5 

11 

158 

24 

13 

44P 

Christmas  lake. 

6 

J9 

177 

25 

14 

460 

7 

25 

202 

26 

21 

481 

8 

19 

221 

U 

24 

505 

9 

14 

235 

28 

16 

521 

10 

15 

250 

Tlamath  lake. 

29 

15 

536 

" 

12 

5 

255 

30 

17 

553 

13 

12 

267 

31 

18 

571 

OREGON. 


177 


TcAle  of  distances — Continued. 


■ 

s 

11 

"oj  »l 

S 

Si 

1 

&i 

Date. 

8| 

i^ 

Localities. 

Date. 

c  *o 

Localities. 

§  o 

3  u 

1 

1- 

5  « 

J-s 

.2  a 

.1^ 

.S"5 

Q- 

Q 

F 

Q- 

Q 

1844. 

MiUs. 

MUis. 

1844. 

Miles. 

Miles. 

Jan.     1 

20 

591 

Mar.  28 

17 

1,256 

2 

25 

616 

29 

8 

1,264 

, 

3 

7 

623 

April   1 

10 

1,274 

4 

7 

630 

3 

22 

1,296 

5 

2 

632 

4 

15 

1,314 

6 

15 

647 

Great  Boiling  spring. 

5 

37 

1,351 

9 

11 

658 

6 

15 

1,366 

10 

10 

668 

7 

50 

1,416 

11 

10 

678 

8 

6 

1,422 

12 

6 

684 

Pyramid  lake. 

9 

31 

1,453 

13 

12 

696 

10 

40 

1,493 

14 

9 

705 

11 

24 

1,517 

. 

15 

12 

717 

12 

15 

1,532 

16 

18 

735 

13 

27 

1,559 

Pass  in  the  Siem 

17 

22 

757 

14 

32 

1,591 

Nevada. 

18 

8 

765 

15 

32 

1,623 

19 

18 

783 

17 

39 

1,662 

20 

5 

788 

18 

3 

1,665 

21 

24 

812 

19 

15 

1,680 

22 

14 

826 

20 

33 

1,713 

Spanish  trail  at  Mo 

23 

25 

851 

22 

20 

1,733 

hahve  river. 

24 

20 

871: 

23 

33 

1,766 

25 

25 

896 

24 

8 

1,774 

27 

12 

908 

25 

25 

1799 

28 

12 

920 

27 

43 

1,842 

, 

29 

7 

927 

28 

12 

1,854 

, 

30 

11 

938 

29 

7 

1,861 

. 

31 

26 

964 

1 

30 

24 

1,885 

. 

Feb.    2 

16 

980 

May    1 

15 

1,900 

. 

3 

7 

987 

2 

12 

1,912 

4 

3 

990 

3 

18 

1,930 

7 

4 

994 

4 

57 

1,987 

8 

1 

995 

6 

18 

2,005 

Rio  Virgen. 

10 

3 

998 

7 

10 

2,015 

20 

3 

1,001 

Summit  of  the  Si- 

8 

18 

2,033 

21 

5 

1,006 

erra  Nevada. 

9 

1 

2,034 

22 

3 

1,009 

10 

24 

2,058 

23 

5 

1,014 

11 

12 

2,070 

24 

12 

1,026 

12 

14 

2,084 

Vegas  deSantaCla 

.      25 

14 

1,040 

13 

15 

2,099 

ra. 

26 

14 

1,054 

15 

21 

2,120 

27 

1 

1,055 

16 

17 

2,137 

28 

10 

1,065 

17 

17 

2,154 

Mar.   1 

6 

1,071 

19 

27 

2,181 

2&3 

10 

1,081 

20 

22 

2,203 

4 

7 

1,088 

21 

31 

2,234 

5 

20 

1,108 

H          ^ 

23 

2,257 

6 

34 

1,142 

Nueva  Helyetia.               23 

12 

2,269 

Sevier  river. 

24 

16 

1,158 

24 

23 

2,292 

25 

18 

1,176 

1         25 

32 

2,324 

26 

21 

1,197 

1         26 

9 

2,333 

Utah  lake. 

27 

42 

1,239 

-. 

B         27 

22 

2,355 

!78 


OREGON 


Table  of  distances — Continued. 


h 

1 

1 
1 

travel- 
iday. 

:  from 
lies. 

Date. 

|1 

It 

S  w 

Localities.         ^ 

Date. 

:  81 
1^ 

as 

Localitica. 

•-S- 

' 

.a'S 

•^"S 

(5- 

Q 

1 

Q- 

Q 

1844. 

MiUs. 

MOa. 

1844. 

MUt$. 

MUes. 

May  28 

25 

2,380 

i 

June  29 

30 

3,063 

Pueblo,  on  the  Ar- 

'29 

25 

2,405 

i 
1 

30 

37 

3,100 

kansas. 

30 

31 

2,436 

July    1 

33 

3,133 

Bern's  fort. 

31 

16 

2,452 

5 

20 

3,153 

Juns    1 

16 

2,468 

6 

31 

3,184 

2 

8 

2,476 

1 

7 

31 

3,215 

3 

21 

2,497 

Uintah  (bit. 

8 

28 

3,243 

Head  water  of  Smo- 

5 

26 

2,523 

9 

27 

3,270 

ky  HiU  fork  of 

6 

15 

2,538 

10 

28 

3,298 

the  Kansas. 

7 

30 

2,568 

Grreen  river  .Brown's 

12 

24 

3,322 

9 

36 

2.604 

hole.                      1 

13 

30 

3,352 

10 

30 

2,634 

15 

10 

3,362 

11 

30 

2,664 

16 

23 

3,385 

12 

26 

2,690 

t 

17 

32 

3,417 

13 

26 

2,716 

1 

-                                                      ! 

18 

24 

3,441 

14 

23 

2,739 

1 
1 

19 

29 

3,470 

15 

25 

2,764 

New  Park.              1 

20 

29 

3,499 

16 

26 

2,790 

21 

23 

3,522 

17 

33 

2,823 

Old  Park.               j 

22 

17 

3,539 

18 

13 

2,836 

1 

23 

26 

3,5C5 

19 

16 

2,852 

^ 

24 

22 

3,587 

SO 

27 

2,879 

25 

19 

3,606 

21 

19 

2,898 

26 

24 

3,630 

22 

15 

2,913 

Bavou  Salade,South 

27 

18 

3,648 

23 

36 

2,949 

28 

22 

3,670 

24 

21 

2,970 

29 

12 

3,682 

25 

21 

2,991 

30 

12 

3,694 

26 

11 

3,002 

31 

8 

3,702 

Kansas  landing. 

27 

10 

3,012 

-■ 

Aug.    1 

7 

3,709 

Missouri  river. 

28 

21 

3,033 

( tcHuy  i 


O  R  E  O  O  Pf  .  179 

Various  disputes  have  arisen  as  to  the  source  from 
whence  the  Oregon  river  derived  its  name.  Some  say  it 
is  taken  from  a  Spanish  word  signifying  pennyroyal,  or 
hysop,  which  grows  abundantly  on  the  banks  of  the  river ; 
but  this  is  a  mistake.  The  country  was  named  by  an 
Irishman,  whose  ancestors  took  up  their  abode  in  the  ter- 
ritory about  the  time  the  Danes  invaded  Ireland.  For  a 
long  time  the  country  was  without  a  name,  and  this  man, 
finding  that  it  would  be  never  named  unless  he  took  the 
matter  in  hand,  he  called  the  country  O'^Regan.  Within 
a  hundred  and  fifly  years,  however,  the  Milesian  has  been 
corrupted  by  the  English,  Yankees,  Spaniards,  and  Indians, 
and  it  is  now  called  Oregon. 


^^1  ro 


.f 


REVIEW 


Of  the  late  Correspondence  between  the  American  and 

British  JVegotiators. 

In  order  to  place  before  the  public,  as  far  as  can  be  ob- 
tained from  creditable  sources,  the  means  that  have  been 
taken  by  the  American  Secretaries  of  State  and  British 
Plenipotentiaries  to  bring  the  Oregon  question  to  a  ''  final 
and  equitable  settlement,'^  and  believing  that  a  review 
of  the  correspondence  between  the  late  Secretaries  of 
State,  Mr.  Webster  and  Mr.  Upsher,  and  Mr.  Fox  and 
Lord  Aberdeen,  will  be  interesting  and  instructive,  and 
calculated  to  throw  new  light  on  a  much  entangled  and 
deeply-absorbing  question,  we  shall  introduce  the  most 
important  clauses  in  the  statements,  with  a  view  of  bring- 
ing down  OMr  investigations  to  the  latest  period.  This 
correspondence,  we  are  happy  to  say,  has  been  conducted 
in  a  spirit  of  fairness,  and  with  a  degree  of  courtesy  that  re- 
flects credit  and  honor  upon  the  distinguished  gentlemen 
to  whom  the  two  Governments  referred  the  question. 

The  letter  of  Mr.  Fox  to  Mr.  Webster,  the  first  that  was 
written,  bearing  date  Washington,  Nov.  15, 1842,  is  char- 
acterized by  a  spirit  of  fairness  and  candor,  prudence  and 
moderation,  so  necessary  to  the  settlement  of  a  controversy 
involving  in  its  issue  the  territorial  possession  of  a  highly  val- 
uable and  extensive  domain.  He  invites  the  earnest  and  se- 
rious attention  of  Mr.  Webster,  which  is  endorsed  the 
month  after  by  a  respectful  appeal  to  the  same  gentle- 
man, then  Secretary  of  State,  from  Lord  Aberdeen,  dated 
"  Foreign  Oflice,"  October  18, 1842.  In  this  communica- 
tion his  language  is  frank  and  open,  clearly  indicating  the 
desire  of  Her  Majesty's  Government  to  settle,  by  prudent 
negotiation,  all  difliculties  and  disputes,  and  fix  upon  a 
boundary  fair  and  satisfactory  to  both  parties,  and  calcu- 


ORSGON.  181 

lated  to  preserve  the  pacific  relations  of  the  two  Govern- 
ments. His  Lordship  requested  that  the  President  of  the 
United  States  (John  Tyler)  would  send  to  England  a  spe- 
cial minister,  fully  authorized  to  settle  the  question,  who 
would  be  met  at  the  British  court  with  Her  Majesty's 
agent,  also  clothed  with  the  same  power  and  authority. 
He  says,  in  behalf  of  Great  Britain,  ^^  that  she  is  prepared 
to  proceed  to  the  consideration  of  the  subject  in  a  perfect 
spirit  of  fairness,  and  to  adjust  it  on  a  basis  of  equitable 
compromise.'^  In  the  letter  of  Mr.  Pakenham  to  Mr.  Up- 
sher,  he  also  earnestly  recommends  a  speedy  adjustment, 
and  says  ^'  there  is  no  matter  under  the  consideration  of 
the  two  Governments  respecting  which  the  British  Govern- 
ment is  more  anxious  to  come  to  an  early  and  satisfactory 
arrangement  with  the  Government  of  the  United  States 
than  that  reb.ting  to  the  boundary  of  the  Columbian  or  Or- 
egon Territory.  In  Mr.  Upsher's  reply,  dated  Department 
of  State,  February  26, 1844,  he  informs  Mr.  Pakenham  that 
he  will  receive  him  at  the  State  Department  on  the  follow- 
ing day,  at  11  o'clock,  A.  M.  It  appears,  however,  that 
the  proposed  interview  never  took  place,  and  there  was  a 
"  pause"  in  the  correspondence  until  July  22,  1844,  after 
the  death  of  the  lamented  Upsher,  which  was  renewed  by 
Mr.  Pakenham  in  a  letter  addressed  to  Mr.  Calhoun,  then 
Secretary  of  State.  In  this  letter  he  proposes.  Congress 
having  advised  a  re-consideration  of  the  subject,  "  the  ear- 
nest desire  of  Her  Majesty's  Government  that  the  question 
should  be  disposed  of  at  the  earliest  moment  consistent 
with  the  convenience  of  the  Government  of  the  United 
States."  In  Mr.  Calhoun's  reply,  dated  August  22,  of  the 
same  year,  he  evinces  an  equally  strong  desire  to  settle  the 
question  in  dispute,  and  fixes  upon  the  next  day  as  a  suit- 
able time  for  their  deliberations,  which  is  accepted  by  Mr. 

Pakenham.    The  following  is  the  result  of  the  interview : 
16 


18^  OREGON. 

'W^h  Pi    Protocols.  >iTT  o)  h*»»f ; 

On  the  23d  of  August,  1844,  a  conference  was  held  by  appoinunent 
at  the  office  of  the  Secretary  of  State,  in  the  city  of  Washington,  be- 
tween the  Honorable  John  C.  Calhoun,  Secretary  of  State  of  the  United 
States,  and  the  Right  Honorable  Richard  Pakenham,  her  Britannic 
Miyesty's  Envoy  Extraordinary  and  Minister  Plenipotentiary,  both  duly 
aiiUiorized  by  their  respective  GSovemments  to  treat  of  the  respective 
claims  of  the  two  ccuntries  to  the  Oregon  Territory,  with  the  view  to 
estaWsh  a  permanent  boundary  between  the  two  countries  westward  of 
ihe  Rocky  Mountains  to  the  Pacific  Ocean. 

The  conference  was  opened  by  assurances  on  both  sides  of  the  desire 
of  their  respective  CSovemments  to  approach  the  question  with  an  earnest 
dedre,  and  in  the  spirit  of  compromise,  to  effect  an  adjustment  consistent 
with  the  honor  and  just  interests  of  either  party.  The  plenipotentiaries 
then  proceeded  to  examine  the  actual  state  of  the  question  as  it  stood  at 
the  last  unsuccessful  attempt  to  adjust  it. 

This  done,  the  American  Plenipotentiary  desired  to  receive  from  the 
British  Plenipotentiary  any  fresh  proposal  he  might  be  instructed  to  offer 
on  the  part  of  his  Government  towards  effecting  an  adjustment. 

The  British  Plenipotentiary  said  he  would  be  ready  to  offer  such  a 
proposal  at  their  next  conference,  hoping  that  the  American  Plenipoten- 
tiary would  be  ready  to  present  a  proposal  on  the  part  of  his  Govern- 
ment.   The  conference  adjourned  to  meet  on  Monday,  the  26th  inst. 
:    ;  J.  C.  CALHOUN. 

R.  PAKENHAM. 

On  the  26th  of  August,  1844,  there  was  another  confer- 
ence held  by  the  representatives  of  the  two  Governments 
at  the  office  of  the  Secretary  of  State.  On  this  occasion 
Mr.  Pakenham  offered  a  paper  proposing  to  adjust  the 
claims  of  the  two  countries,  which  was  declined  by  Mr. 
Calhoun.  The  following  is  the  proposal  of  the  second  con- 
ference : 

Whereas  the  prc^sals  made  on  both  sides  in  the  course  of  the  last 
n^;otiation  had  been  mutually  declined,  her  Majesty's  Crovemment  were 
prepared,  in  addition  to  what  had  already  been  offered  on  the  part  of 
Great  Britain,  and  in  proof  of  their  earnest  desire  to  arrive  at^an  arrange- 
ment suitable  to  the  interests  and  wishes  of  both  parties,  to  undertake  to 


O  R  E  G  O  ]!1 .  183 

make  free  to  the  United  States  any  port  or  ports  which  the  United  States 
Government  might  desire,  either  on  the  main  land  or  on  Vancouver's 
island  south  of  latitude  49°. 

Protocol  of  the  twentij-ihird  conference,  July  13, 1824. — Extract  frmn 

the  British  paper .   ,   ,  , 

"The  boundary  line  between  the  teTritories  claimed  by  his  Britannic 
Majesty,  and  those  claimed  by  the  United  States,  to  the  west  in  both 
cases  of  the  Rocky  Mountains,  shall  be  drawn  due  west  along  the  forty- 
ninth  parallel  of  north  latitude,  to  the  point  where  that  parallel  strikes 
the  great  northeastemmost  branch  of  the  Oregon  or  Columbia  river — 
marked  in  the  maps  as  McGillivray's  river — thence  down  along  the  raid- 
die  of  the  Oregon  or  Columbia,  to  its  junction  with  the  Pacific  Ocean; 
the  navigation  of  the  whole  channel  being  perpetually  free  to  the  sub- 
jects and  citizens  of  both  parties;  the  said  subjects  and  citizens  being 
also  recif^'ocally  at  liberty,  during  the  term  of  ten  years  from  the  date 
hereof,  tc  pass  and  repass  by  laiid  and  by  water;  and  to  navigate,  with 
their  vessels  and  merchandise,  all  the  rivers,  bays,  harbors,  and  creeks, 
as  heretofore,  on  either  side  of  the  above  mentioned  line;  and  to  trade 
with  all  and  any  of  the  nations  free  of  duty  or  impost  of  any  kind,  sub- 
ject only  to  such  local  regulations  as,  in  other  respects,  either  of  the  two 
contracting  parties  may  find  it  necessary  to  enforce  within  its  own  limits, 
and  prohibited  from  furnishing  the  natives  with  fii'earms  and  other  ex- 
ceptionable articles,  to  be  hereafter  enumerated;  and  it  is  further  espe- 
cially  agreed  that  neither  of  the  high  contracting  parties,  their  respective 
subjects  or  citizens,  shall  henceforward  form  any  settlements  within  the 
limits  assigned  hereby  to  the  other,  west  of  the  Rocky  Mountains;  it 
being  at  the  same  time  understood  that  any  settlements  already  formed 
by  the  British  to  the  south  and  east  of  the  boundary  line  above  described  ^ 
or  by  citizens  of  the  United  States  to  the  north  and  west  of  the  same 
line,  shall  continue  to  be  occupied  and  enjoyed,  at  the  pleasure  of  the 
present  proprietors  or  occupants,  without  let  or  hindrance  of  any  kind, 
until  the  expiration  of  the  above  mentioned  term  of  years  from  the  date 
hereof.  ... 

It  was  now  agreed  that  written  statements  should  be 
presented  at  the  next  conference.  They  appeared  at  the 
appointed  time,  but  not  being  considered  satisfactory,  there 
was  another  interview  held  at  the  State  Department  on  the 


164  OREGON. 

!2d  of  September,  1844,  when  Mr.  Calhoun  presented  an 
able  statement  of  his  views  of  the  claims  of  the  United 
States,  and  the  reasons  why  he  declined  the  terms  pro- 
posed by  the  British  Minister.  Mr.  Pakcnhani's  statement 
is  as  follows :  "  That  the  boundary  of  the  United  States  be 
limited  by.  a  line  drawn  from  the  Rocky  Mountains,  along 
the  49°  parallel  of  latitude,  to  the  northeastemmost  branch 
of  the  Columbia  river,  and  thence  down  the  middle  of  that 
river  to  the  sea,  giving  to  C^oat  Britain  all  the  country 
north,  and  to  the  United  States  all  south  of  that  line,  ex- 
cept a  detached  territory  extending  in  the  Pacific,  and  the 
Straits  of  Fuca,  froia  Bulfinch  Harbor  to  Hood^s  Canal. 
To  which  it  is  proposed  in  addition,  to  make  free  to  the 
United  States  any  port  which  the  United  States  Govern- 
ment might  desire,  either  on  the  mainland,  or  on  Van- 
couver's island,  south  of  latitude  49°."  The  elaborate 
statement  of  Mr.  Calhoun  is  admirably  prepared,  and  pre- 
sents most  clearly  the  claims  of  the  United  States  to  the 
Oregon  Territory.  He  goes  much  into  detail,  thoroughly 
analysing  the  claims  set  up  by  the  contracting  parties,  and 
enumerates  the  rights  of  his  own  country  with  those  of 
Great  Britain.  On  the  12th  of  September,  1844,  the  Bri- 
tish minister  held  a  fourth  conference  with  Mr.  Calhoun 
at  the  Department  of  State,  when  he  took  occasion  to  pre- 
sent the  grounds  on  which  he  declined  the  proposal  offered 
by  the  American  Secretary,  and  what  he  considered  a  fair 
and  just  compromise.  With  respect  to  the  claim  of  the 
United  States  as  derived  from  France,  he  observes,  that 
^  he  has  not  been  able  to  discover  any  evidence  tending  to 
establish  the  belief  that  Louisiana,  as  originally  possessed 
by  France,  afterwards  transferred  to  Spain,  then  retroceded 
by  Spain  to  France,  and  ultimately  ceded  by  the  latter 
power  to  the  United  States,  extended  in  a  westerly  direc- 
tion beyond  the  Rocky  Mountains."    He  contends  that, 


OREGON.  185 

at  the  time  of  the  cession  of  Louisiana,  its  acknowledged 
western  boundary  was  the  Rocky  Mouiitains,  as  was  the 
opinion  of  Mr.  Jeiferson  at  the  time  of  the  purchase.  The 
following  is  quoted  by  Mr.  Pakenham  from  a  letter  written 
by  Mr.  Jefferson  in  August,  1803:  -..,^ 

"The  boundaries  (of  Louisiana)  which  I  deem  not  admitting  ques- 
tion, are  the  high  lands  on  the  western  side  of  the  Mississippi,  enclosing 
all  its  waters — the  Missouri,  of  course — and  teiTninating  in  the  line 
drawn  from  the  northwest  point  of  the  Lake  of  the  Woods  to  the  nearest 
source  of  the  Mississippi,  as  lately  settled  between  Great  Britain  and  the 
United  States."  _  ^^  ,   ^  ,^^^^^  ^^  .^^^^ 

Mr.  Pakenham  makes  mention  also  cf  another  document 
containing  the  opinions  of  Mr.  Jefferson,  subsequent  to 
the  expedition  of  Lewis  and  Clark,  in  which  he  took  of- 
fence at  the  intimations  made  respecting  the  object  of  the 
expedition,  ''  that  the  claims  of  the  United  States  extended 
to  the  Pacific  Ocean."  It  seems  clear,  says  he,  "  that  the 
United  States  can  deduce  no  claim  to  the  territory  west  of 
the  Rocky  Mountains ;  but  even  were  it  otherwise,  and  if 
France  had  even  asserted  a  claim  to  territory  west  of  the 
Rocky  Mountains,  as  appertaining  to  the  territory  of  Lou- 
isiana, that  claim,  whatever  it  might  be,  was  necessarily 
transferred  to  Spain  when  Louisiana  was  ceded  to  that 
power  in  1762,  and,  of  course,  became  subject  to  the  pro- 
visions of  the  treaty  between  Spain  and  Great  Britain  of 
1790,  which  effectually  abrogated  the  Spanish  claiims  to 
exclusive  dominion  over  die  unoccupied  parts  of  the  Amer* 
ican  continent."  ■' 

Mr.  Pakenham  enters  into  a  long  argument  respecting 
the  cession  made  by  Spain  in  1819,  when  she  disposed  of 
all  the  territory  in  her  possession  north  of  the  42d  parallel 
of  latitude  to  the  United  States ;  but,  as  he  very  truly  ob- 
serves, ^she  could  not,  by  that  transaction,  annul  or  inval- 
idate the  rights  which  had,  by  a  previous  transaction,  been 


186  OREGON. 

acknowledged  to  belong  to  another  power."  The  treaty  of 
October,  1790,  was  solemnly  and  formally  made.  All  the 
powers  interested  regarded  it  as  valid,  and  the  rights  of 
Great  Britain  to  the  unoccupied  parts  of  the  northwest 
coast  were  clearly  and  fully  recognised.  No  one  doubted 
the  right  of  Spain  to  cede  to  the  United  States  all  of  this 
territory  which  actually  belonged  to  her,  but  that  which 
was  unoccupied  was  surely  surrendered  to  Great  Britain. 
Spain,  at  that  very  time,  could  not  clearly  perfect  her  title. 
She  met  with  many  difficulties  that  could  not  be  overcome. 
And  as  her  right  could  not  be  made  good,  ^'still  less  could 
she  confer  such  a  right  to  another  power^  How  is  it, 
therefore,  that  the  United  States  can  assert  exclusive  do- 
minion over  the  Oregon  territory  ?"  I  U'  ?^  M  «)ff/v  ;»!{: 
Mr.  Pakenham  presents  the  arguments  and  facts  that 
have  been  employed  by  the  American  agents  respecting  the 
discovery  of  the  Columbia  river  made  by  the  Spanish  nav- 
igator Haceta,  who,  it  is  admitted  by  the  American  Secre- 
tary, first  saw  the  mouth  of  that  river.  This  admission  is 
surely  inconsistent  with  any  discovery  made  by  Gray ;  for 
if  Mr.  Calhoun  had  supposed  that  he  was  the  first  who 
entered  the  channel  of  the  said  river,  he  would  have  never 
admitted  to  the  contrary.  On  the  ground  of  discovery, 
Mr.  Pakenham  appears  well  fortified.  H'j  passes  over  as 
not  worthy  of  attention  the  French  title,  and,  of  conse- 
quence, its  little  weight,  and  comes  down  to  the  indepen- 
dence of  the  United  Statf  -,,  when  "  possession  to  the  Co- 
lumbian territory  was  claimed."  At  that  time  the  treaty 
of  1783  was  in  full  force,  when  the  attention  of  the  British 
Government  had  been  directed  to  the  northwest  coast,  as 
is  shown  by  the  voyage  and  discovery  of  Captain  Cook, 
who,  in  1788,  visited  and  explored  a  great  distance  of  it, 
from  latitude  44°  northward.  Already  a  regular  commer- 
eial  intercourse  had  been  established,  the  territory  was 


OREGON.  187 

peopled  by  her  own  subjects,  who  had  explored  many  of 
the  neighboring  islands,  and,  as  a  proof  that  an  extensive 
commerce  was  existing,  there  was  a  strong  disposition 
manifested  by  Spain  to  disturb  and,  if  possible,  to  destroy 
it  Mr.  Pakenham  briefly  alludes  to  the  discovery  of 
Meares  in  1788.  But  this  is  regarded  by  us  as  too  vision- 
ary to  be  worthy  of  notice.  Meares  was  thought  by  many 
to  be  a  fanatic.  And  the  discovery  supposed  by  some  to 
have  been  made  by  him  is  discredited  and  long  since  ex- 
ploded in  his  own  country.  Reference  is  made  to  the  me- 
morable discovery  of  Lewis  and  Clark,  which  the  British 
think  does  not  compare  in  importance  with  McKenzie's 
discovery,  acting  as  a  counterpoise  to  the  exploration  of 
that  part  of  the  Columbia  which  was  first  visited  by  Lewis 
and  Clark.  Mr.  Pakenham  concludes  his  sts^ement,  which 
is  quite  a  long  one,  by  saying  "  that  a  line  of  demarcation 
should  be  devised  which  shall  leave  to  each  party  that 
precise  portion  best  suited  to  its  interest  and  commerce.^' 
He  also  says : 

In  addition,  Great  Britain  offers  a  separate  territory  on  the  Pacific, 
possessing  an  excellent  harbor,  with  a  further  understanding  that  any 
port  or  ports,  whether  on  Vancouver's  island,  or  on  the  continent  south 
of  the  49th  parallel,  to  which  the  United  States  might  desire  to  have 
access,  shall  be  made  free  ports.  ,   , v. 

It  is  believed  that  by  this  arrangement  ample  justice  would  be  done 
to  the  claims  of  the  United  States,  on  whatever  ground  advanced,  with 
relation  to  the  Oregon  territory.  As  regards  extent  of  territory,  they 
would  obtain  acre  for  acre,  nearly  half  of  the  entire  territory  to  be  di- 
vided. As  relates  to  the  navigation  of  the  principal  river,  they  would 
enjoy  a  perfect  equality  of  right  with  Great  Britain;  and,  with  respect 
to  harbors,  it  will  be  seen  that  Great  Britain  shows  every  disposition  to 
consult  their  convenience  in  that  peuticular.  On  the  other  hand,  were 
Great  Britain  t«  abandon  the  line  of  the  Columbia  as  a  frontier,  and  to 
surrender  her  right  to  the  navigation  of  that  river,  the  prejudice  occa- 
doned  to  her  by  such  an  arrangement  would,  beyond  all  proportion, 
exceed  the  advantages  accruing  to  the  United  States  from  the  possession 


188  OREGON. 

of  a  few  more  square  miles  of  territory.  It  must  be  obvious  to  every 
impartial  investigator  of  the  subject,  that,  in  adhering  to  the  line  of  the 
Columbia,  Great  Britain  is  not  influenced  by  motives  of  ambition  with 
reference  to  extert  of  territory,  but  by  considerations  of  utility,  not  to 
say  necessity,  which  cannot  be  lost  sight  of,  and  for  which  allowance 
ought  to  be  made,  in  an  arrangement  professing  to  be  based  on  consid- 
erations of  mutual  convenience  and  advantage. 

The  undersigned  believes  that  he  has  now  noticed  all  the  arguments 
advanced  by  the  American  plenipotentiary,  in  order  to  show  that  the 
United  States  are  fairly  entitled  to  the  entire  region  drained  by  the  Co- 
lumbia river.  He  sincerely  regrets  that  their  views  on  this  subject 
should  differ  in  so  many  essential  respects. 

It  remains  for  him  to  request  that;  as  the  American  plenipoten;.ary 
declines  the  proposal  otTered  on  the  part  of  Great  Britain,  he  will  have 
the  goodness  to  state  what  arrangement  he  is,  on  the  part  of  the  United 
States,  prepared  to  propose  for  an  equitable  adjustment  of  the  question; 
and  more  especially  that  he  will  have  the  goodness  to  define  the  nature 
and  extent  of  the  claims  which  the  United  States  may  have  to  other 
portions  of  the  territory  to  which  allusion  is  made  in  the  concluding 
part  of  his  statement;  as  it  is  obvious  that  no  arrangement  can  be  made 
with  respect  to  a  portion  of  the  territory  in  dispute  while  a  claim  is  re- 
tained to  any  portion  of  the  remainder. 


American  statement. 

The  reply  of  Mr.  Buchanan  to  the  communication 
of  Mr.  Pakenham  is  characterized  with  the  usual  ability  of 
this  distinguished  statesman.  He  differs  essentially  in  al- 
most every  branch  of  the  subject  discussed  by  the  Britisii 
minister,  not  only  with  respect  to  the  discovery  of  the  head 
waters  of  the  Columbia,  but  also  on  priority  of  settlement, 
and  the  force  and  effect  of  the  cession  made  by  Spain  of 
Louisiana  to  the  United  States.  He  speaks  of  the  con- 
vention of  1818,  signed  a  few  days  after  the  restoration  of 
Astoria,  and  that  of  1827,  which  he  contends  are  still  in 
force.  He  goes  on  to  say  that  the  said  treaty  attempts  to 
weaken  the  effect  of  implied  admission,  ^^  by  designating 


O  R  E  G  0  If  .  169 

positive  treaty  stipulations  as  an  understanding  between 
ttie  two  Governments,  but  a  change  of  phraseology  cannot 
possibly  transform  treaty  obligations  into  a  mere  under- 
standing between  the  two  Governments  ;^'  he  thinks  also, 
that  the  counter-statement  respecting  Lord  Castlereugh 
is  entitled  to  but  little  consideration,  and  that  the  Amer- 
ican title,  derived  from  Spain  ceding  Louisiana  to  the 
Unit  tates,  is  perfectly  good,  establishing  the  Missis- 
river  as  the  "  irrevocable  boundary"  between  the 
Jt:<'rench  and  British  territories.  On  this  cession,  connected 
with  those  of  France,  he  rests  the  claim  of  contiguity^  ex- 
tending to  the  Pacific  Ocean,  with  nothing  to  oppose  ex- 
cept the  claim  of  Spain,  which  has  been  since  acquired  by 
the  Florida  treaty.  These  claims,  he  contends,  are  denied 
by  the  counter-statement  on  the  authority  of  Mr.  Jefierson, 
but  without  good  reasons.  Mr.  JefTerson^s  object  was  not, 
says  Mr.  Buchanan,  to  state  the  extent  of  the  claims  ac- 
quired with  Louisiana,  but  simply  to  state  how  far  its  un- 
questioned boundary  extended,  with  a  view  of  a  statement 
of  relations  with  Spain.  He  passes  over  the  statement  of  the 
British  minister  respecting  the  dependancy  of  Louisiana 
on  Spain,  subject  to  the  Nootka  Sound  convention,  and 
proposes  to  attend  to  it  at  another  time.  He  insists  that 
Great  Britain  cannot  rest  her  claims  to  the  northwest 
coast  of  America  upon  discovery.  As  little  will  her  single 
claim  of  settlement  avail  her.  Owen  Belsham,  her  own 
historian,  forty  years  ago  declared  it  to  be  certain,  from 
the  most  authentic  information,  ^Hhat  the  Spanish  flag, 
flying  at  Nootka,  was  never  struck,  and  that  the  territory 
has  been  virtually  surrendered  by  England."  The  agents 
of  the  northwest  company,  penetrating  the  continent  from 
Canada  in  1806,  estabUshed  their  first  trading  post  west  of 
the  Rocky  Mountains,  at  Frazer^s  lake,  in  the  54th  degree 

of  latitude;  and  this,  with  the  trading  posts  established  by. 
IT 


190  OREGON. 

Thompson,  to  which  the  undersigned  has  just  adverted, 
and  possibly  some  others  afterwards  previous  to  October, 
1818,  constitutes  the  claim  of  Great  Britain/'  The  states 
ment  of  Mr.  Buchanan,  wo  repeat,  is  masterly,  and  on 
some  points  irresistible ;  his  arguments  are  close,  con- 
vincing, and  logical,  and  the  subject  is  viewed  and  discus- 
sed by  him  with  that  system  which  cannot  fail  to  add  to 
his  already  distinguished  reputation,  for  all  that  constitutes 
a  devotion  to  the  interests  and  honor  of  his  country. 

Brtltsh  statement. 

'It 

Mr.  Pakenham's  reply  to  Mr.  Calhoun  is  contained  in 
a  brief  communication  bearing  date  January  13,  1845,  in 
which  he  states,  that  all  that  passed  in  the  correspondence 
had  been  laid  before  her  Majesty's  Government  up  to  the 
3d  of  last  September,  which  still  remained  under  the  con- 
sideration of  her  Majesty's  Government :  he  says,  more- 
over, that  no  more  fair  or  honorable  mode  of  settling  the? 
question  could  be  adopted  than  that  of  arbitration^  and 
that  he  is  authorized  to  offer  for  the  consideration  of  the 
Government  of  the  United  States,  and  under  the  supposi- 
tion that  it  may  be  found  acceptable,  further  to  suggest 
the  choice  of  an  arbiter,  and  the  mode  in  which  their  res- 
pective cases  shall  be  presented,  may  henceforth  be  made 
-the  subject  of  final  agreement  between  the  two  Govern- 
ments. - 

In  Mr.  Calhoun's  reply  of  the  21st  of  January,  1845,  he 
observes,  that  the  offer  made  by  Mr.  Pakenham  had  been 
presented  for  the  consideration  of  the  President  of  the 
United  States,  who  refused  to  accede  to  the  terms  pro- 
posed, while,  at  the  same  time,  he  hopes  that  the  question 
may  be  speedily  settled  by  negotiation,  without  resorting 
to  any  other  mode  as  long  as  there  is  hope  of  arriving,  at 


OREGON'.  191 

a  satisfactory  settlement.  Here  the  correspondence  ends, 
without  having  accomplished  the  important  and  desirable 
object  of  coming  to  some  understanding  at  all  events. 

Proposals  of  settlement,  it  appears,  were  presented  by 
the  representatives  of  both  nations,  accompanied  on  both 
sides  with  strong  and  clear  arguments  setting  forth  the 
cjaims  of  each  nation ;  but  nothing  was  done,  and  the  ques- 
tion remained  at  rest  until  July  12,  1845,  an  interval  of  six 
months,  when  there  was  a  renewal  of  the  correspondence 
by  Mr.  Buchanan,  Secretary  of  State,  on  the  Vlih  of  July 
following.  The  question  is  considered  by  him  with  all 
that  frankness  and  fairness  which  characterized  the  cor- 
respondence between  Mr.  Calhoun  and  Mr.  Pakenham. 
He  argues  at  great  length  the  American  title  to  this  terri- 
tory, presenting  an  accurate  and  highly  interesting  review 
of  the  different  cessions,  treaties,  &;C.,  and  the  proceedings 
of  the  Nootka  Sound  convention,  signed  at  Escurial  on  the 
28th  of  October,  17,  0.  He  devotes  much  attention  to  the 
discussion  of  the  title  of  the  United  States  to  that  portion 
of  Oregon  lying  between  the  valley  of  the  Columbia  and 
the  Russian  line,  in  54°  40  north  latitude,  which  is  ceded 
^  in  the  Florida  treaty."  Under  this  treaty,  it  is  known, 
Spain  made  over  to  the  United  States  '•''  all  her  rights, 
claims,  and  pretensions,"  to  any  territory  west  of  the 
Rocky  Mountains,  and  north  oi  the  42d  parallel  of  latitude. 
It  is  contended  by  Mr.  Buchanan  with  strong,  and  we 
think  sufficient,  proof  to  sustain  his  position,  that  the  Span- 
ish title  against  Great  Britain  to  the  whole  territory  was 
good^  when  in  truth,  Mears,  in  1788,  established  himself 
at  Nootka,  when  the  Spaniards  took  possession  under  the 
command  of  the  Viceroy  of  Mexico.  That  very  conven- 
tion expressly  provides,  as  is  admitted  by  Mr.  Buchanan, 
for  the  restoration  of  lands,  dtc,  which  had  been  taken  by 


19%  0  R  E  6  O  K . 

the  Spaniards  from  British  subjects,  and  a  payment  of  in- 
demnity for  injuries  sustained.  *  *  ""'  *  "" 
This  indemnity^  actually  paid  by  Spain^  was  equivalent 
to  an  admission  of  the  rights  of  Great  Britain  to  certain 
portions  of  the  territory.  What  does  the  3d  article  of  that 
convention  signify,  but  an  acknowledgment  on  the  part,  of 
Spain  that  England  possessed  territorial  right?  Ifthj^ 
right  could  not  be  sustained  by  facts,  and  was  based  alone 
on  the  declarations  of  interested  persons,  why  was  this 
provision  made  in  the  proceedings  of  said  convention  ad- 
mitting ^Hhat  British  subjects  should  not  be  disturbed  or 
molested,  either  in  navigating  or  carryiuff  on  the  fisheries 
in  the  Pacific  Ocean?'''*  It  is  true,  had  this  convention 
published  no  provision  impairing  the  sovereignty  or  terri- 
torial jurisdiction  asserted  by  Spain,  the  case  would  have 
been  different;  but  she  openly  permits  and  consents  for 
British  subjects  to  hold  a  joint  occupation  with  her.  .  Not- 
withstanding these  facts,  some  of  which  are  exposed  by 
Mr.  Buchanan,  and  the  evidence  adduced,  ^^  which,  to  his 
mind,  plainly  proves  the  validity  of  the  American  title," 
there  is  a  proposition  made  by  the  President  to  settle  the 
question  upon  the  principle  of  compromise ;  and  he  accord- 
ingly offered  the  49th  degree  of  latitude  as  a  permanent 
boundary.  The  following  is  the  conclusion  of  Mr.  Bu- 
chanan^s  interesting  letter: 

''In  this  determination  he  trusts  that  the  British  Government  will  re- 
cc^nise  his  sincere  and  anxious  desire  to  cultivate  the  most  friendly  rela* 
tions  between  the  two  countries,  and  to  manifest  to  the  world  that  he  is 
actuated  by  a  spirit  of  moderation .  He  has  therefore  instructed  the 
undersigned  again  to  propose  to  the  Government  of  Great  Britain,  that 
the  Oregon  territory  shall  be  divided  between  the  two  countries  by  the 
49th  parallel  of  north  latitude  from  the  Rocky  Mountains  to  the  Pacific 
Ocean;  offering,  at  the  same  time,  to  make  free  to  Great  Britain  any 
port  or  ports  on  Vancouver's  island,  south  of  this  parallel,  which  the 
British  Government  may  desire.    He  trusts  that  Great  Britain  may  re- 


OREGON.  193 

eeive  thn  proposition  in  the  friendly  spirit  by  which  it  was  dictated,  and 
that  it  may  prove  the  stable  foundation  of  lasting  peace  and  harmony 
between  the  two  countries.  The  line  proposed  will  carry  out  the  prin- 
ciple of  continuity  v  -  .ally  for  both  parties,  by  extending  the  limits 
both  of  ancient  Louisiana  and  Canada  to  the  Pacific  along  the  same 
parallel  of  latitude  which  divides  them  east  of  the  Rocky  Mountains; 
and  it  will  secure  to  each  a  sufficient  number  of  commodious  harbors 
op  the  northwest  coast  of  America."  ^  -=.,,-.  .w* 

Mr.  Pakenham  to  Mr.  Buchanan^  July  29,  1845. 

Mr.  Pakenham  very  briefly,  but  with  much  spirit,  an- 
swers the  argument  of  Mr.  Buchanan  respecting  the  title 
of  the  United  States  to  that  poition  of  the  Oregon  territo- 
ry lying  "between  the  valley  of  the  Columbia  and  the 
Russian  line,  in  54°  40  north  latitude.'^  It  appears,  as  has 
been  before  stated,  that  the  Florida  treaty  of  1819  ceded  to 
the  United  States^^  all  the  rights,  claims,  and  pretensions 
of  Spain  to  any  territory  west  of  the  Rocky  Mountains, 
and  north  of  the  42d  parallel  of  latitude."  The  Secretary 
of  State  insists  that  at  the  date  of  the  convention,  (Feb.  22, 
1819,)  Spain  had  a  good  title  against  Great  Britain  "to  the 
whole  Oregon  territory,"  in  the  face  of  the  convention  of 
October  28, 1790.  When  the  treaty  of  1819  was  conclud- 
ed, the  convention  of  1790  was  then  considered  binding, 
and  in  full  force.  Mr.  Pakenham  contends  that  the 
treaty  of  1790  is  not  the  "  main  reliance^''  of  the  British 
Government  for  the  establishment  of  her  rights ;  it  is  ap- 
pealed to  for  the  purpose  of  showing  that  the  United  States 
does  not  possess  exclusive  dominion.  The  treaty  of  1790 
was  not  confined  to  one  matter  solely,  "it  embraced  a  va- 
riety of  objects :  it  had  a  commercial  bearing,  while  at  the 
same  time,  it  is  an  acknowledgment  of  existing  rights"— 
an  admission  of  certain  principles  of  international  law  not 
to  be  revoked  at  the  pleasure  of  a  single  party,  or  to  be 
set  aside  by  a  cessation  of  friendly  relations  between  them. 


194  OREGON. 

It  might  have  been  considered  as  an  abrogation  of  certain 
stipulations,  but  expressly  confirmed  and  ratified  all  com- 
mercial relations  between  Great  Britain  and  Spain.  She 
evidently  never  considered  the  stipulations  of  the  Nootka 
Sound  convention  annulled  by  the  war  of  1796.  Had  she 
supposed  that  by  it  exclusive  dominion  was  given  her, 
would  she  have  consented  to  permit  Great  Britain  to  make 
her  settlements  and  people  the  territory  with  her  own  sub- 
jects ?  Spain  was  perfectly  quiet  after  the  convention  of 
1814,  "•  when,  as  yet,  there  had  been  no  transfer  of  her 
rights  to  the  United  States.^^  Mr.  Pakenham  states,  in 
reply  to  the  argument  of  Mr.  Buchanan,  ^Hhatthe  British 
Government  had  no  idea  in  1818  that  the  Nootka  Sound 
convention  was  in  force."  That  in  "the  year  1818  no 
claim,  as  derived  from  Spain,  was  or  could  be  put  forth 
by  the  United  States,  seeing  that  it  was  not  until  the  fol- 
lowing year  (1819)  that  the  treaty  was  concluded."  "The 
exploration  of  Lewis  and  Clark,"  says  Mr.  Pakenham, 
"  and  the  estabhshment  founded  at  the  mouth  of  the  Co- 
lumbia, must  be  considered  as  encroachments  on  the  terri- 
torial rights  of  Spain."  Look  to  the  claim  that  was  array- 
ed for  the  restoration  of  Fort  George,  and  the  proposal 
actually  made  for  joint  occupancy ;  all  of  which  took  place 
antecedent  to  the  Spamsh  cession ;  in  truth,  long  before 
the  transfer  was  made.  Surely,  then,  the  Nootka  Sound 
convention  stamps  with  illegality  and  gross  injustice  any 
title  founded  before  to  the  conclusion  of  the  Florida 
treaty.  It  is  impossible  for  the  United  States  to  found 
^.  laims  on  discovery,  exploration,  and  settlement  before  the 
Florida  treaty  was  entered  into,  without  admitting  the 
principles  of  the  Nootka  Sound  convention,  and  the  conse- 
quent validity  of  the  parallel  claims  of  Great  Britain, 
founded  on  like  acts.  It  is  perfectly  clear,  from  documenta- 
ry proof,  that  there  has  been  as  yet  no  array  of  facts 


OREGON.  195 

introduced  thtit  annuls  or  even  affects  the  force  or  validity 
of  the  convention  of  1790.  It  holds  good  as  fully  now  as 
ever;  and  it  is  as  binding  to  this  day  as  it  was  in  1791.  We 
cannot,  however,  acquiesce  in  opinion  with  Mr.  Pakenham, 
who  affirms  "  that  even  if  the  Nootka  Sound  convention  had 
never  existed,  the  position  of  Great  Britain,  as  regards  her 
rights,  is  at  least  as  good  as  that  of  the  United  States.'^ 
The  rights  of  Great  Britain,  as  must  appear  to  every  im- 
partial mind,  mainly,  and,  we  may  say,  wholly  depend 
upon  the  convention  of  1790.  Had  she  not  been  included 
in  the  proceedings  of  this  convention,  upon  what  ground 
could  she  have  based  her  claims  ?  Had  she  been  denied 
the  right  of  '^  navigation  and  settlement,^^  the  Spanish  title 
being  sustained  alone  by  it,  she  would  not  be  entitled  to  a 
single  privilege  she  now  enjoys.  But  the  case  is  entirely 
different.  The  British  right  was  openly  avowed  in  con- 
vention, and  no  subsequent  act  of  Spain  could  affect  it  in 
the  least.  If,  as  is  admitted,  the  title  of  the  United  States 
is  older  than  the  Florida  treaty  of  1819,  under  which  she 
acquired  the  rights  of  Spain  to  the  northwest  coast  of 
America,  so  must  the  claims  of  Great  Britain,  resting  on 
the  sarhe  basis,  in  point  of  principle,  and  in  strict  conform- 
ity with  the  law  of  nations,  be  as  good  as  those  of  the 
United  States.  Great  importance  is  attached,  by  those 
writers  who  have  investigated  only  the  claims  of  the  United 
States,  to  the  discovery  of  Captain  Gray ;  but  it  cannot  be 
denied,  as  has  been  before  observed,  in  the  face  of  conflict- 
ing statements,  that  he  was  not  empowered  by  the  Ameri- 
can Government  to  make  settlements — he  was  sustained 
by  no  legal  authority — the  Executive  and  Congress  had 
taken  no  action  in  the  matter  whatever,  and  he  was  no- 
thing more  than  a  private  navigator,  unlike  Cook  and  Van- 
couver, who  were  duly  authorized  by  their  respective  Gov- 
ernments, and  sailed  for  the  express  purpose  of  exploration 


190  ORKOON. 

and  discovery.  It  must  be  recollected,  in  the  next  place, 
when  the  Oregon  question  was  pending  at  the  Court  of 
St.  James,  and  the  claims  of  each  nation  were  sustained 
by  their  repr^ sentaiives,  there  was  an  admission  contained 
in  a  report  of  one  of  the  American  agents,  ^^  that  respect- 
ing the  mouth  of  the  Columbia  river,  we  knew  nothing  of 
Gray's  discovery  but  through  British  accounts.'*''  It  must, 
therefore,  be  taken  for  granted,  that  the  American  repre- 
sentatives, who  had  left  their  country  expressly  to  adjust 
equitably  this  question,  had  examined  and  studied  the  sub- 
ject with  all  that  zeal  and  minuteness  which  made  them 
thoroughly  acquainted  with  it  in  all  its  details.  They  could 
not,  under  the  circumstances,  have  been  ignorant  of  the 
facts  involved,  and  their  predilections,  naturally,  must  have 
favored  the  American  side.  Thompson,  a^British  naviga- 
tor, was  the  first  civilized  person  who  traversed  the  coun- 
try drained  by  the  Columbia.  Lewis  and  Clark,  it  is  true, 
made  their  way  to  the  main  stream  afler  a  while,  but  it 
was  by  a  tributary,  nearly  two  hundred  miles  from  the  part 
discovered  by  Broughton.  But,  admitting  this,  which  is  a 
strong  ground  in  defence  of  British  claims,  we  confidently 
beheve,  that  ^^on  discovery,  exploration,  and  settlement, 
the  United  States  has  as  clear  a  title,  and  is  as  firmly  sus- 
tained in  her  claims,  as  any  nation  can  be.''  The  terri- 
tory, under  a  joint  occupancy,  with  the  treaty  of  1827  in 
full  force,  is  now  claimed  by  both  powers,  which  leaves 
the  question  to  be  settled  by  cool  and  prudent  negotiation. 
After  an  elaborate  statement  of  Mr.  Pakenham,  he  begs 
leave  to  decline  the  proposal  made  by  the  Secretary  of 
State  for  the  adjustment  of  the  question,  on  the  grounds 
of  ^4ts  want  of  fairness,  equit},  and  with  the  reasonable 
expectations  of  the  British  Government." 


0  R  E  G  0  :< .  19T 

Mr,  Buchanan  to  Mr,  Pakenham.    '!4i.»ii^**»t> 

The  correspondence  between  Mr.  Buchanan  and  Mr. 
Pakenham  is  concluded  by  a  long  and  very  able  letter  ad- 
dressed by  the  ion  ,er  to  the  British  minister.  His  views 
throughout  are  truly  American,  and  breathe  a  spirit  of  hon- 
esty and  patriotism  which  so  eminently  distinguish  the 
wiitings  of  this  valuable  and  learned  statesman.  He  takes 
the  arguments  of  Mr.  Pakenham,  one  by  one,  and  replies  to 
them,  in  many  instances,  with  success  adducing  all  the 
statistical  facts  and  documentary  evidence  to  sustain  his 
position  and  give  currency  to  his  opinions.  The  state- 
ment made  by  Mr.  Pakenham,  "  that  the  treaty  of  1790  is 
not  appealed  to  by  the  British  Government  as  their  main 
reliance  in  the  present  discussion,'^  is  met  on  the  other 
side  by  Mr.  Buchanan,  "that  ever  since  1826  tht',  Nootka 
Convention  has  been  regarded  by  the  British  Government 
as  their  strongest  ground,  if  not  their  main  reliance/'  Mr. 
B.  quotes  the  declarations  of  Messrs.  Huskisson  and  Ad- 
dington,  as  follows :  ^ 

"Great  Britain  claims  no  exclusive  sovereignty  over  any  portion  of 
that  territory.  Her  present  claim,  not  in  respect  to  any  part,  but  to  the 
whole,  is  limited  to  a  right  of  joint  occupancy  in  common  with  other 
States,  leaving  the  right  of  exclusive  dominion  in  abeyance." 

And  again: 

"By  that  convention  (of  Nootka)  it  was  agreed  that  all  parts  of  the 
northwestern  coast  of  America,  not  already  occupied  at  that  time  by 
either  of  the  contracting  parties,  should  thenceforward  be  equally  open 
to  the  subjects  of  both  for  all  purposes  of  commerce  and  settlement — 
the  sovereignty  remaining  in  abeyance."  h 

But  on  this  subject  we  are  not  left  to  mere  inferences,  however  clear. 
The  British  commissioners,  in  their  statement  from  which  the  under- 
signed has  just  quoted,  have  virtually  abandoned  any  other  title  which 
Ghreat  Britain  may  have  previously  asserted  to  the  territory  in  dispute, 
and  expressly  declare  that — 

;t'"Whatever  that  title  may  have  been  heretofore,  either  on  the  part  of 
18 


108  '  O  R  K  6  O  N . 

Great  Britain  ur  on  the  part  of  Spain,  {»nor  to  the  convenUon  of  1790, 
i4  ivas  thencefonoard  no  longer  to  he  tmced  in  vagtce  narratives  of 
discoveries,  several  of  them  admitted  to  be  apocryphjcd,  but  in  the  text 
and  stipulations  of  that  convention  itself. ' ' 
And  again,  in  summing  up  their  whole  case,  they  say: 
<' Admitting  that  the  United  States  have  acquired  all  the  rights  which 
Spain  possessed  up  to  the  treaty  of  Florida,  either  in  virtue  of  discove- 
ry, or,  as  is  pretended,  in  right  of  Louisiana,  Great  Britain  maintains 
that  the  nature  and  extent  of  these  rights,  as  well  as  the  rights  of  Great 
Britain,  are  fixed  and  defined  by  the  convention  of  Nootka,"  &,c. 

To  Mr.  Pakenham's  argument  ^^  that  the  United  States 
can  found  no  claim  on  discovery,  exploration,  and  settle- 
ment effected  previously  to  the  Florida  treaty,  without  ad- 
mitting the  principles  of  the  Nootka  convention,^'  Mr.  B. 
says,  '^  this  is  a  most  ingenious  method  of  making  the  dis- 
tinct and  independent  titles  held  by  the  same  nations  worse 
than  one  of  arraying  them  against  each  other,  and  thus 
destroying  the  validity  of  both.  Does  he  forget  that  the 
United  States  own  both  of  these  titles,  and  can  wield  them 
either  separately  or  conjointly  at  their  pleasure  ?  From 
the  course  of  his  remarks  it  might  be  supposed  that  Great 
Britain,  and  not  the  United  States,  had  acquired  the  Span- 
ish title  under  the  Florida  treaty.  But  Great  Britain  is  a 
third  party,  an  entire  stranger  to  both  of  these  titles,  and 
has  no  right  whatever  to  marshal  the  one  against  the 
other.''  Admitting,  says  Mr.  Buchanan  in  another  place, 
^^  that  the  discovery  by  Captain  Gray  of  the  mouth  of  the 
Columbia,  its  exploration  by  Lewis  and  Clark,  and  the  set- 
tlement upon  its  banks  at  Astoria,  were  encroachments  on 
Spain,  she,  and  she  alone,  had  a  right  to  complain.  The 
British  minister  attempts  to  prove,  even  if  the  Nootka 
l^ound  convention  had  never  existed,  the  position  of 
Great  Britain,  with  regard  to  her  claim,  whether  to  the 
whole  or  any  particular  portion  of  the  territory,  "  is  at 
least  as  good  as  that  of  the  United  States."    To  which 


OREGON.  109 

Mr.  Buchanan  says,  '•'•  in  order  to  establish  his  position,  he 
must  show  that  the  British  claim  is  equal  in  validity  to  the 
titles  of  both  Spain  and  the  United  States — these  can 
never  be  separated,  they  are  one  and  the  same.^^  He  ex- 
presses his  surprise  that  the  Britisl\  minister  should  again 
have  invoked,  in  support  of  the  British  title,  the  inconsis- 
tencies between  the  Spanish  and  American  branches  of 
the  title  of  the  United  States.  Mr.  Buchanan  first  con- 
firms and  illustrates  the  American  title,  1st,  by  commend- 
ing the  frankness  and  candor  of  Mr.  Pakenham  in  depart- 
ing firom  the  course  of  his  predecessors,  and  speaks  at 
considerable  length  of  the  discovery  made  by  Juan  de 
Fuca,  a  Grecian,  in  the  service  of  Spain,  in  1592.  These 
voyages  were  published  in  London,  in  1625,  by  Samuel 
Purchos,  in  a  work  called  the  "  Pilgrims."  A  brief  detail 
is  here  entered  into  of  the  discoveries  of  the  Spaniards  in 
1774,  enumerating  the  different  places  on  the  coast  exam- 
ined by  these  navigators,  in  company  or  separately.  "Suf- 
fice it  to  say,  that  they  landed  at  many  places  on  the  coast 
fi'om  the  41st  to  the  57th  degree  of  latitude ;  on  all  of 
which  occasions  they  took  possession  of  the  country  in 
the  name  of  their  sovereigns,  according  to  a  prescribed 
regulation."  After  entering  into  a  prolix  and  interesting  ar- 
gument touching  the  discoveries  made  by  Haceta,  Van- 
couver, and  Captain  Cook,  he  proposes  to  show  that  "the 
title  of  the  United  States  to  the  portion  of  territory  lying 
at  the  mouth  of  the  Columbia,  has  been  acknowledged  by 
the  most  solemn  and  unequivocal  acts  of  the  British  Gov- 
ernment." Mr.  Buchanan  shows,  after  the  purchase  of 
Louisiana  from  France,  an  expedition  was  fitted  out  by 
this  Government  under  Messrs.  Lewis  and  Clark,  who 
first  explored  the  Columbia  river.  In  1811,  the  settlement 
by  John  Jacob  Astor  was  made  at  Astoria.  The  war  of 
1812,  between  Great  Britain  and  the  United  States,  foun4 


200  ORJCOON. 

the  latter  in  peaceable  possession  of  that  region.  Astoria 
was  captured  during  the  war,  but  afterwards  surrendered. 
With  respect  to  the  discovery  of  Thompson,  Mr.  Buchan- 
an contends  it  has  no  bearing  whatever.  His  journey  was 
undertaken  in  behalf  of  the  Northwest  Company,  for  the 
mere  purpose  of  anticipating  the  United  States  in  the  oc- 
cupation of  the  mouth  of  the  Columbia,  "  a  territory  to 
which  no  nation,  unless  it  be  Spain,  could,  with  any  show 
of  justice,  dispute  their  right."  They  had  acquired  it  by 
discovery  and  exploration,  and  were  now  in  the  act  of  tes- 
tifying possession.  It  was  in  an  enterprise  undertaken  for 
such  a  purpose,  that  Thorupson,  in  hastening  from  Can- 
ada to  the  mouth  of  the  Columbia,  discovered  Nootka,  ar- 
bitrarily assumed  by  Great  Britain  to  be  the  main  branch 
of  the  river.  At  this  period  it  was  too  late  to  impair  the 
title  of  either  Soain  or  the  United  States  by  any  such  pro- 
ceeding. In  ^  Jl*2,  there  was  another  trading  post  estab- 
lished by  a  party  from  Astoria,  on  the  Spoken,  about  six 
hundred  and  fifty  miles  from  the  ocean.  To  sum  up  the 
whole,  says  Mr.  Buchanan,  Great  Britain  cannot  rest  her 
claims  to  the  northwest  coast  of  America  upon  discovery. 
As  little  will  her  single  claim  by  settlement  at  Nootka 
Sound  avail  her.  Even  Belsham,  her  own  historian,  forty 
years  ago  declared  it  to  be  certain,  from  the  most  authen- 
tic information,  "  that  the  Spanish  flag,  flying  at  Nootka, 
was  never  struck,  and  that  the  territory  has  been  virtually 
relinquished  by  Great  Britain."  Upon  the  whole,  says 
Mr.  Buchanan : 

''From  the  most  careful  and  amj^e  examination  which  the  under- 
signed has  been  able  to  bestow  upon  the  subject,  he  is  satisfied  that  the 
Spanish- American  title,  now  held  by  the  United  States,  embracing  the 
whole  territory  between  the  parallel  of  42  deg.  and  54  deg.  40  min.,  is 
the  best  title  in  existence  to  this  entire  region;  and  that  the  claim  of 
Great  Britain  to  any  portion  of  it  has  no  sufficient  foundation .  Evert 
British  geographers  have  not  doubted  our  title  to  the  territory  in  dispute. 


OREGON.  {201 

There  is  a  large  and  sp'endid  globe  now  in  the  Department  of  State, 
recently  arrived  from  London ,  and  published  by  Malby  and  Company, 
"manufacturers  and  publishers  to  the  Society  for  the  Diffusion  of  Use- 
ful Knowledge/'  which  assigns  this  territory  to  the  United  States. 

Notwithstanding  such  was  and  still  is  the  opinion  of  the  President, 
yet,  in  the  spirit  of  compromise  and  concession,  and  in  deference  to  the 
action  of  his  predecessors,  the  undersigned,  in  obedience  to  his  instruc- 
tions, proposed  to  the  British  Plenipotentiary  to  settle  the  controversy 
by  dividing  the  territory  in  dispute  by  the  49th  parallel  of  latitude,  of- 
fering, at  the  same  time,  to  m£ike  free  to  Great  Britain  any  port  or  ports 
on  Vancouver's  island,  south  of  this  latitude,  which  the  British  Govern- 
ment might  desire.  The  British  Plenipotentiary  has  correctly  suggested 
that  the  free  navigation  of  the  Columbia  river  was  not  embraced  in  this 
proposal  to  Great  Britain;  but,  on  the  other  hand,  the  use  of  free  ports 
on  the  southern  extremity  of  this  island  had  not  been  included  in  for- 
mer offers. 

Such  a  proposition  as  that  which  has  been  made  never  would  have 
been  authorized  by  the  President  had  tliis  been  a  new  question. 
*  Upon  his  accession  to  office  he  found  the  present  n^otiation  pending. 
It  had  been  instituted  in  the  spirit  and  upon  the  principle  of  compro- 
mise; its  object,  as  avowed  by  the  negotiators,  was  not  to  demand  the 
whole  territory  in  dispute  for  either  country,  but,  in  the  language  of  the 
first  protocol,  "to  treat  of  the  respective  claims  of  the  two  countries  to 
the  Or^on  territory,  with  the  view  to  establish  a  permanent  boundary 
between  them  westward  of  the  Rocky  Mountains  to  the  Pacific  Ocean.'' 

Placed  in  this  position,  and  considering  that  Presidents  Monroe  and 
Adams  had,  on  former  occasions,  offered  to  divide  the  territoiy  in  dia. 
pute  by  the  forty-ninth  parallel  of  latitude,  he  felt  it  to  be  hi»  duty  not 
abruptly  to  arrest  the  negotiation,  but  so  far  to  yield  his  own  opinion  a? 
once  more  to  make  a  similar  bffer. 

Not  only  respect  for  the  conduct  of  his  predecessors,  but  a  sincere  and 
anxious  desire  to  promote  peace  and  harmony  between  the  two  coun- 
tries, influenced  him  to  pursue  this  course.  The  Or^;on  question  pre- 
sents the  only  intervening  cloud  which  intercepts  the  prospect  of  a  l<»ig 
career  of  mutual  friendship  and  beneficial  commerce  between  the  two 
natiops,  and  this  cloud  he  desired  to  remove. 

These  are  the  reasons  which  actuated  the  President  to  offer  a  ^opo- 
ntion  80  liberal  to  Great  Britain. 

And  how  has  this  proposition  been  received  by  the  British  Plenipo- 


Wi  OREGON. 

tentiarj?  It  has  been  rejected,  without  even  a  reference  to  his  own 
Government.  Nay,  more,  the  British  Plenipotentiary,  to  use  his  own 
language,  <' trusts  that  the  American  Plenipotentiary  will  be  prepared 
to  offer  some  further  proposal  for  the  settlement  of  the  Oregon  question 
mare  consistent  with  fairness  and  equity  j  and  icith  the  reasonable  ex- 
pectations of  the  British  Crovemment.^* 

Under  such  circumstances,  the  undersigned  is  instructed  by  the  Pres- 
ident to  say  that  he  owes  it  to  his  own  country,  and  a  just  appreciation 
of  her  tide  to  the  Or^on  territory,  to  withdraw  the  proposition  to  the 
British  Government  which  had  been  made  under  his  direction;  and  it 
is  hereby  accordingly  withdrawn. 

In  taking  this  necessary  step,  the  President  still  cherishes  the  hope 
that  this  long-pending  controversy  may  yet  be  finally  adjusted  in  such  a 
manner  as  not  to  disturb  the  peace  or  interrupt  the  harmony  now  so 
happily  subsisting  between  the  two  nations. 

Here  this  long  and  interesting  correspondence  ends,  and 
as  far  as  the  Eettlement  of  the  question  is  concerned,  nothing 
has  been  done  to  bring  about  ^^  an  equitable  compromise.^^ 
The  representatives  of  both  nations  have  each  presented 
with  dignity  and  respect  their  arguments  and  views,  obvious- 
ly with  the  hope  of  ending  the  controversy  in  a  creditable 
and  honorable  manner;  but  they  have  failed;  and  the 
question  is  presented,  without  having  advanced  at  all  to- 
wards a  close,  for  the  discussion  and  consideration  of  the 
representatives  of  the  people.  We  humbly  trust  that  a 
war  will  be  the  last  resort.  It  is  very  certain  that,  if  our 
title  to  the  whole  of  Oregon  is  urged,  after  the  admissions 
that  have  been  made,  the  most  disastrous  war  known  to 
our  history  must  ensue,  because  it  would  be  waged  with 
means  so  destructive,  and  under  cii'cumstances  so  aggra- 
vating, as  to  give  rise  to  the  most  distressing  and  painful 
consequences.  Our  policy  is  peace — ^we  are  unprepared 
for  war — our  national  spirit  is  against  it.  Valor  we  lack 
not;  but  our  men  are  unorganized  and  undisciplined. 
We  have  means  in  abundance.    The  war  cry  would  open 


O  R  E  G  o  .>  .  203 

the  pockets  of  all  men ;  they  would  be  fired  at  once  with 
a  spirit  of  patriotism,  and  the  nation  would  be  thoroughly 
aroused  from  one  end  U>  the  other.  But  let  us  take  heed 
lest  a  step  is  taken  that  will  plunge  the  country  in  blood- 
shed and  distress,  destroying  all  business  relations,  and 
hterally  upsetting  our  commerce,  and  all  that  pertains  to 
national  greatness  and  prosperity.  We  have  no  right  to 
disturb  the  peace  of  the  world  without  good  cause.  Dur- 
ing'.the  late  war  we  were  provoked  to  hostility,  and  sus- 
tained by  the  unanimous  voice  of  the  family  of  nations. 
It  was  no  thoughtless  step,  taken  in  the  heat  of  clashing 
interests  and  intestine  commotion ;  the  flag  of  our  country 
was  grossly  insulted,  our  ships  seized,  confiscated,  and 
burned,  our  coast  blockaded  and  men  killed,  and  we  were 
absolutely  compelled  to  declare  war,  or  sufler  injuries  and 
insults.  Not  so  now.  We  cannot  think  that  the  national 
honor  is  involved,  and  that  redress  should  be  sought. 
This  is  a  question  of  relative  right  of  ownership  to  a  very 
few  degrees  of  territory,  that  should  be  settled  by  peacea- 
ble negotiation  and  compromise  on  the  principles  of  inter- 
national law.  If  £ngland  declares  war,  let  us  collect  our 
strength,  muster  our  armaments,  and  put  forth  our  naval 
power,  as  we  have  done  on  former  occasions,  and  exert 
our  skill  to  the  utmost. 

We  trust,  in  conclusion,  that  a  kind  Providence  may 
watch  over  our  people,  and  direct  us  in  the  right  way;  and 
that  prudent  and  wise  councils  may  prevail,  bringing  the 
subject,  so  long  in  dispute,  to  a  happy  termination,  to  the 
honor  of  both  Governments,  and  to  the  satisfaction  of 
both  nativ7ns. 


liiu 


j'l' 


Mf' 


fo" 


I 


narior 


APPENDIX, 

Containing  the  Diplomatic  Correspondence^  Treaties  and 
Negotiations^  between  Russia^  Spain^  Great  Britain 
and  the  United  States^  as  contained  in  the  excellent 
work  of  Lieutenant  George  Wilkes 

(No.  1.) 

OomoerUion  between  the  United  States  and  Russia^  signed  at  St. 
Petersburg,  on  the  17 th  of  April,  1824. 

Art.  1.  It  is  agreed  that,  in  any  part  of  the  great  ocean  commonly 
called  the  Pacific  ocean,  or  South  eea,  the  respective  citizens  or  sub- 
jects of  the  high  contracting  powers  shall  be  neither  disturbed  nor  re- 
strained, either  in  navigation  or  in  fishing,  or  in  the  power  of  resorting 
to  the  coasts,  upon  points  which  may  not  already  have  been  occupied 
for  the  purpose  of  trading  with  the  natives,  saving  always  the  restric- 
tions and  conditions  determined  by  the  following  articles. 

Art.  2.  With  the  view  of  preventing  the  rights  of  navigation  and  of 
fishing,  exercised  upon  the  great  ocean  by  the  citizens  and  subjects  of 
the  high  contracting  powers,  from  becoming  the  pretext  for  an  illicit 
trade,  it  is  agreed  that  the  citizens  of  the  United  States  shall  not  resort 
to  any  point  where  there  is  a  Russian  establishment,  without  the  per- 
mission of  the  "o^Citior  or  commander  ;  and  that,  reciprocally,  the  sub- 
jects of  Ru  "  biiJ'  not  resort,  without  permission,  to  any  establish- 
ment of  the  Uniiv.    ^t   es  upon  the  northwest  coast. 

Art.  3.  It  is  morec  r  agreed  that,  hereafter,  there  shall  not  be 
formed  by  the  citizens  of  the  United  States,  or  under  the  authority  of 
the  said  States,  any  establishment  upon  the  northwest  coast  of  Ameri- 
ca, nor  in  any  of  the  islands  adjacent,  to  the  north  of  54  degrees  and 
40  minutes  of  north  latitude  ;  and  that,  in  the  same  manner,  there  shall 
be  none  formed  by  Russian  subjects,  or  under  the  authority  of  Russia, 
south  of  the  same  parallel. 

Art,  4.  It  is  nevertheless  understood  that,  duringa  term  of  ten  years, 
counting  from  the  signature  of  the  present  convention,  the  ships  of  both 
powers,  or  which  belong  to  their  citizens  or  subjects  respectively,  may 
reciprocally  frequent,  without  any  hindrance  whatever,  the  interior 
seas,  gulfs,  harbors,  and  creeks,  upon  the  coast  mentioned  in  the  pre- 


H  APPENDIX. 

ceding  article,  for  the  purpose  of  fishing  and  trading  with  the  natives  of 
the  country.  »  . 

Art.  5.  All  spirituous  liquors,  fire  arms,  powder,  and  munitions  of 
war  of  every  kind,  are  always  excepted  from  this  same  commerce  per- 
mitted by  the  preceding  article  ;  and  the  two  powers  engag*;,  recipro- 
cally, neither  to  sell,  nor  sufl'ei  them  to  be  sold,  to  the  natives,  by  their 
respective  citizens  or  subjects,  nor  by  any  person  who  may  be  under 
their  autliority.  It  is  likewise  stipulated,  that  this  restriction  shall  ne- 
ver afford  a  pretext,  nor  be  advanced  in  any  case,  to  authorize  either 
search  or  detention  of  the  vessels,  seizure  of  the  merchandise,  or,  in 
fine,  any  measures  of  constraint  whatever,  towards  the  merchants  or 
the  crews  who  may  carry  on  this  commerce  ;  the  high  contracting  pow- 
ers reciprocally  reserving  to  themselves  to  determine  upon  the  penalties 
to  be  incurred,  and  to  inflict  the  punishment,  in  case  of  the  contraven- 
tion of  this  article  by  their  respective  citizens  or  subjects. 


(No.  2.)  *"*i' 

THE  FRENCH  TITLE.    . 

ExtjcKtfrom  the  Report  of  the  Committee  on  Military  Affairs  y  made 

in  Congress,  in  1843. 

''The  treaty  of  Utrecht  was  concluded  in  1713.  By  the  tenth  article, 
it  was  agreed,  between  Great  Britain  and  France,  to  determine,  within 
one  year,  by  commissioners,  tlie  limits  between  the  Hudson's  Bay  and 
the  places  appertaining  to  the  French.  The  same  commissioners  were 
also  authorized  to  setde,  in  like  manner,  the  boundaries  between  tlie 
other  British  and  French  colonies  in  those  parts.  Commissioners  were 
accordingly  appointed  by  the  two  powers,  and  there  is  strong  reason  to 
believe  they  actually  established  the  boundaries  according  to  the  terms 
of  the  treaty,  although  no  formal  record  of  the  fact  now  exists.  The 
evidence  that  the  boundaries  were  thus  estaulished  is,  first,  the  fact  of 
the  appointment  of  the  commissioners  for  that  express  purpose,  and  that 
two  distinct  lines  may  be  found  traced  on  different  maps,  published  in 
the  last  century,  each  purporting  to  betbe  limits  between  the  Hudson's 
Bay  territories,  on  the  north,  and  the  French  possessions,  on  the  south, 
fixed  by  commissionors  according  to  the  treaty  of  Utrecht.  One  of 
these  lines  is  drawn  irregularly  from  the  Atlantic  to  a  point  in  the  49th 


APPENDIX.  ii 

parallel  of  latitude,  south  of  the  southernmost  part  of  the  Hudson's 
bay,  and  thence  westward  along  that  parallel  to  Red  river,  and  in  some 
maps  still  further  west .  This  line  is  generally  considered  in  the  United 
States,  and  has  been  assumed  by  their  Government,  as  the  true  bound- 
ary, setded  by  the  commissioners  agreeably  to  the  treaty  abovemen- 
tioned.  Thus,  we  find  Messrs.  Monroe  and  Pinclcney,  at  Madrid,  in 
1805,  writing  to  the  Spanish  minister  as  follows:  '  In  conformity 
with  the  tenth  article  of  the  first  mentioned  treaty,  (treaty  of  Utrecht,) 
the  boundary  between  Canada  and  Louisiana,  on  the  one  side,  and  the 
Hudson's  Bay  and  Northwestern  Companies,  on  the  other,  was  estab- 
lished by  commissioners,  by  a  line  to  commence  at  a  cape  or  promon- 
tory on  the  ocean,  in  58  degrees  and  31  minutes  north  latitude;  to  run 
thence  south westwardly  to  latitude  49  degrees  north  from  the  equator, 
and  along  that  line  indefinitely  westward.'  These  extracts  are  taken 
from  the  memoir  of  Mr.  Greenhow,  who,  it  is  proper  to  add,  considers 
the  opinion ,  that  these  boundary  lines  were  actually  established  by  tlie 
commissioners,  'at  variance  with  the  most  accredited  authorities.'  In 
this  opinion  the  committee  do  not  concur;  so  far  from  doing  so,  it  is 
thought  the  presumption,  that  the  49th  parallel  was  adopted  by  the 
commissioners  under  the  treaty  of  Utrecht,  is  strengthened  by  the  line 
of  demarcation  subsequently  agreed  on  by  the  treaty  of  Versailles,  in 
1763,  between  France  and  Great  Britain,  and  also  by  th^  treaty  of 
peace,  of  1783,  between  the  United  States  and  Great  Britain.  By  the 
former,  the  confines  between  the  British  and  French  possessions  were 
irrevocably  fixed  'by  a  line  drawn  along  the  middle  of  the  Mississippi, 
from  its  source,  to  the  Iberville,'  etc.  By  the  latter,  that  part  of  the 
northern  boundary  of  the  United  States,  which  is  a'pplicable  to  the  sub- 
ject, is  described  to  be  througli  the  Lake  of  the  Woods,  'to  the  most 
northwestern  point  thereof,  and  from  thence  on  a  due  west  course  to 
the  Mis&issippi  river.'  The  most  northwestern  point  of  the  Lalce  of  the 
Woods  is  perhr.os  a  few  minutes  north  of  the  49th  parallel  of  latitude. 
By  the  convention?  of  1818,  between  the  United  States  and  Great  Bri- 
tain, in  the  second  article,  it  is  agreed,  that  a  line  drawn  from  the  most 
northwestern  point  of  the  Lake  of  the  Woods,  along  the  49th  parallel 
of  north  latitude,  or,  if  the  said  point  shall  not  lie  in  the  49th  parallel  of 
north  latitude,  then  diat  a  line  drawn  from  tlie  said  point,  due  north  or 
south,  as  the  case  may  be,  until  the  said  line  shall  intersect  the  said  par- 
allel of  north  latitude,  and  from  the  point  of  such  intersection  due 
west,  along  and  with  said  parallel,  shall  be  the  line  of  demarcalion  be- 


%  APPENDIX. 

tween  the  territoiies  of  the  United  States  and  those  of  his  Britannic 
Majesty;  and  that  the  said  line  shall  form  the  northern  boundary  of  the 
said  territories  of  the  United  States,  and  the  southern  boundary  of  the 
territory  of  his  Britannic  Majesty,  from  the  L8':e  of  the  Woods  to  the 
Stony  mountains.  >-  - 

This  line,  it  will  be  observed,  is  a  deviation  from  the  boundary  es- 
tablished by  the  treaty  of  1783;  for  that  was  to  extend  due  west  from 
the  northwestern  point  of  the  Lake  of  the  Woods,  without  any  refer- 
ence to  its  ladtude.  By  this  we  are,  in  the  contingency  named,  to  run, 
by  the  shortest  line,  from  the  specified  point  on  the  Lake  of  the  Woods 
to  the  forty-ninth  paiallei  of  latitude.  Whence,  it  may  be  asked,  the 
solicitude  to  adopt  this  particular  paiallei,  except  as  it  corresponded  with 
pre-existing  arrangements,  which  could  have  been  made  under  the  pro- 
visions of  the  treaty  of  Utrecht  alone;  for  under  no  other  had  any  refer- 
ence, at  that  time,  been  made  to  the  said  forty- ninth  degree.  «;> 

This  coincidence  between  the  boundaries  established  by  Great  Britain 
and  France,  in  1763,  and  between  Great  Britain  and  the  United  States, 
1783  and  1818,  can  scarcely  be  accounted  for  on  any  other  supposition, 
than  that  the  said  line  had  been  previously  established  by  the  commis- 
sioners under  the  treaty  of  Utrecht.  This  conclusion  is  strengthened 
by  p.  further  coincidence  in  the  boundaries  fixed  in  the  said  treaties  of 
1763  and  1783.  In  both  the  Mississippi  is  adopted  as  the  boundary. 
One  of  the  lines,  then,  (the  Mississippi,)  previously  established  between 
Great  Britain  and  France,  being  thus,  beyond  all  cavil,  adopted  be- 
tween the  United  States  and  Great  Britain,  may  it  not  be  fairly  inferred, 
in  the  absence  of  all  proof  to  the  contrary,  and  with  strong  corroborat- 
ing proof  in  favor  of  the  inference  drawn  from  the  stipulation  of  trea- 
ties, lines  of  demarcation  on  old  maps,  &g.,  that  the  other  line,  (forty- 
ninth  parallel,)  equally  beyond  cavil  established  by  the  United  States 
and  Great  Britain ,  was  also  the  same  one  previously  existing  between 
Great  Britain  and  France?  But  such  line  had  no  existence,  unless  un- 
der the  stipulations  of  the  treaty  of  Utrecht.  For  these  reasons,  the 
committee  have  adopted  the  opinion ,  that  the  forty-ninth  parallel  of 
latitude  was  actually  established  by  the  commissioners  under  that  trea- 
ty. It  may  not  be  unimportant  here  to  observe,  that  this  forty-ninth 
parallel  is  not  a  random  line  arbitrarily  selected,  but  the  one  to  which 
France  was  eijititled  upon  the  well-setded  principle,  Uiat  the  first  dis- 
coverer of  a  river  is  entitled,  by  virtue  of  that  discovery,  to  all  the  un- 
occupied territory  watered  by  that  river  and  its  tributaries. 


APPENDIX.  y 

We  have  seen  that,  by  the  treaty  of  1763,  the  Mississippi,  from  its 
source,  was  adopted  as  a  line  of  demarcation  between  the  British  and 
French  possessions.    Louisiana  then  extended  north  as  far  as  that  riv- 
^er  reached.    In  other  words,  it  stretched  along  the  whole  course  of  the 
Mississippi,  from  its  source,  in  about  latitude  forty-nine, to  its  mouth,  in 
the  Gulf  of  Mexico ,  in  latitude  twenty-nine .    By  the  stipulations ,  then , 
of  this  treaty  alone,  without  calling  in  the  aid  of  die  previous  treaty  of 
Utrecht,  the  northern  boundary  of  Louisiana  is  clearly  recognised  as  a 
line  drawn  due  west  frotn  the  source  of  the  Mississippi.    We  say  due 
west,  because  the  east  line  alone  of  the  boundaries  of  Louisiana  being 
specifically  and  in  express  terras  established  by  the  treaty,  her  surface 
can  only  be  ascertained  by  the  extension  of  that  whole  line  in  the  direc- 
tion in  which  her  territory  is  admitted  to  lie.    This  simple  and  only 
practicable  process  of  giving  to  Louisiana  any  territory  under  the  treaty 
fixes,  as  the  whole  of  her  northern  boundary,  a  line  running  due  west 
from  the  source  of  the  Mississippi,  which  may,  for  the  purpose  of  this 
argument,  be  fairly  assumed  as  the  forty-ninth  parallel,  without  injus- 
tice to  any  party. 

Having  thus  ascertained  the  northern  boundary  of  Louisiana,  it  be- 
comes important  to  inquire,  what  were  its  western  limits,  as  between 
Great  Britain  and  France?  We  say  between  Great  Britain  and  France, 
because  here  another  competitor  appeared,  (we  speak  of  1763,)  in  the 
person  of  the  King  of  Spain,  upon  whose  title  we  shall  insist,  if  we  fail 
to  establish  that  of  France. 

.  The  treaty  of  1763,  professing  to  establish,  and  actually  establishing, 
lines  of  demarcation  between  the  contiguous  territories  of  the  contract- 
ing parties,  it  cannot  be  denied,  except  upon  strong  proof,  that  all  the 
boundaries  about  which  any  disputes  then  existed,  or  subsequent  dis- 
putes could  be  anticipated,  (that  is,  where  these  respective  territones 
touched  each  other,)  were  then  definitely  adjusted  and  settled.  These 
territories  are  known  to  have  touched  on  the  north  or  on  the  east,  and, 
accordingly,  in  those  quarters,  we  find  the  lines  clearly  described.  Is 
it  not  evident  that,  had  they  touched  on  other  points,  had  there  been 
other  quarters  where  questions  of  conflicting  claims  might  have  arisen, 
the  lines  in  those  quarters  also  would  have  been  fixed  with  equal  pre- 
cision? But  to  the  south  and  west  there  is  no  allusion  in  the  treaty; 
an  omission,  conclusive  of  the  fact  that,  in  those  directions,  Great  Bri- 
tun  had  no  territory  contiguous  to  Louisiana.  But  Louisiana  extend- 
ed, by  the  stipulations  of  the  treaty,  west  firom  the  Mississippi;  and 


W  APPENDIX. 

Great  Britain,  having  no  territory,  or  claim  to  territory,  which  could 
arrest  her  attention  in  that  direction,  is  precluded  from  denying  that  the 
French  tide  covered  the  whole  country  from  that  river  to  the  shores  of 
the  Pacific  Ocean. 

The  parties  to  the  treaty  of  1763  made  partition  of  almost  the  whole 
continent  of  North  America,  assigning  to  England  the  territory  east  of 
the  Mississippi,  and  north  of  the  49th  parallel  of  latitude.  No  claim 
was  at  that  time  advanced  by  Great  Britain  to  territory  in  any  other 
quarter  of  this  vast  continent — a  very  pregnant  conclusion  against  the 
existence  of  any  such  claim.  Her  government,  ever  vigilant  for  the 
increase  of  her  territory,  with  a  view  of  the  extension  of  her  com- 
merce, manifested  upon  the  occasion  of  this  treaty  an  avidity  of  acqui- 
sition which  the  continent  was  scarcely  large  enough  to  satisfy.  Never 
very  nice  in  scrutinizing  the  foundation  of  her  pretensions,  nor  over 
scrupulous  in  the  selection  of  means  to  enforce  them,  she  was,  at  this 
junction,  in  a  position  peculiarly  auspicious  to  the  gratification  of  her 
absorbing  passion  of  territorial  aggrandizement.  Conqueror  at  every 
point,  she  dictated  the  terms  of  peace,  and  asserted  successfully  every 
claim  founded  in  the  slightest  pretext  of  right.  Still,  no  title  is  either 
advanced,  or  even  intimated,  to  possessions  west  of  the  Mississippi. 
Mr.  Gushing,  of  Massachusetts,  in  a  report  from  the  Committee  on  Fo- 
reign Relations^  to  the  House  of  Representatives,  made  January  4, 
1838,  has  the  following  sentences  :  "As,  between  France  and  Great 
Britain,  the  question  (of  boundary)  would  seem  to  be  concluded  by 
the  treaty  of  Versailles, already  cited, which  in  Great  Britain  relinquishes, 
irrevocably,  all  pretensions  west  of  the  Mississippi,  on  the  footing  of  the 
treaty  of  Utrecht,  ratified  by  our  convention  of  1818,  England  may 
possibly,  by  extension  of  contiguity,  carry  her  possessions  from  Hud- 
son's Bay  across  to  the  Pacific,  north  of  latitude  49  degrees;  but  by  the 
treaty  of  Versailles  we  possess  the  same  right,  and  an  exclusive  ox^e,  to 
carry  our  territory  across  the  continent,  south  of  that  line,  in  the  right  of 
France." 

It  may,  perhaps,  be  urged  that  the  limits  of  Louisiana,  on  the  west, 
are  confined  to  the  territory  drained  by  the  Mississippi  and  its  tributa- 
ries; the  extent  of  her  claim  founded  on  the  discovery  of  tliat  river  be- 
ing restricted  to  the  country  so  drained.  The  principle  upon  which 
this  limitation  is  attempted  may  be  safely  admitted,  without  in  any  de- 
gree affecting  the  right  for  which  we  contend ;  because,  first,  Great 
Britain  is  precluded  from  asserting  it  by  her  admission,  in  1763,  that 


APPENDIX.  Vii 

Louisiana  extended  indefinitely  west  from  the  Mississippi;  and  second, 
because  the  principle  being  of  universal  application,  if  the  discovery  of 
the  Mississippi  by  the  French  confine  Louisiana  to  its  waters  east  of  the 
Rocky  mountains,  the  discovery  of  the  Columbia  by  the  Americans 
will  extend  their  claim  to  the  whole  country  watered  by  tliat  great 
river  west  of  those  mountains,  and  our  true  claim  has  this  extent. 
Yet,  to  avoid  unprofitable  disputes,  and  for  the  sake  of  peace,  we  have 
expressed  a  willingness  (met  in  no  corresponding  spirit,  the  committee 
is  sorry  to  say)  to  confine  ourselves  to  much  narrower  limits.  ,^^^, 


(No.  3.) 

Copy  of  the  CSmvention  between  his  Britannic  Majesty  and  the  King 
of  Spain,  commonly  called  the  Nootka  Treaty,  of  October,  1790. 

Art.  1st.  The  buildings  and  tracts  of  land  situated  on  the  northwest 
coast  of  the  continent  of  North  America,  or  on  the  islands  adjacent  to 
that  continent,  of  which  the  subjects  of  his  Britannic  Majesty  were  dis- 
possessed about  the  month  of  April,  1789,  by  a  Spanish  officer,  shall 
be  restored  to  the  said  British  subjects. 

Art.  2d.  A  just  reparation  shall  be  made,  according  to  the  nature  of 
the  case,  for  all  acts  of  violence  and  hostility  which  may  have  been 
committed  subsequent  to  the  month  of  April,  1789,  by  the  subjects  of 
either  of  the  contracting  parties  against  the  subjects  of  another;  and,  in 
case  said  respective  subjects  shallj  since  the  same  period,  have  been 
forcibly  dispossessed  of  their  lands,  buildings,  vessels,  merchandise,  and 
other  property  whatever  on  said  continent,  or  on  the  seas  and  islands 
adjacent,  they  shall  be  re-established  in  the  possession  thereof,  or  a  just 
compensation  shall  be  made  to  them  for  the  losses  which  they  have 
sustained. 

Art.  3d.  In  order  to  strengthen  the  bonds  of  friendship,  and  to  pre- 
serve in  future  a  perfect  harmony  and  good  understanding  between  the 
two  contracting  parties,  it  is  agreed  that  their  respective  subjects  shall 
not  be  disturbed  or  molested ,  either  in  negotiating  or  carrying  on  their  fishe- 
ries in  the  Pacific  ocean  or  in  the  South  seas,  or  in  landing  on  the  coast 
of  these  seas,  in  places  not  already  occupied,  for  the  purpose  of  carry- 
ing on  their  commerce  with  the  natives  of  the  country,  or  of  making 
settlements  there;  the  whole  subject,  nevertheless,  to  the  instructions 
specified  in  these  following  articles. 


VUl  APPENDIX. 

Art.  4th.  His  Britannic  Majesty  engages  to  take  the  most  eflfectual 
measures  to  prevent  the  navigation  and  the  fishing  of  his  subjects  in  the 
Pacific  ocean,  or  in  the  South  seas,  from  being  made  a  pretext  for  illi- 
cit trade  with  the  Spanish  settlements;  and,  with  this  view,  it  is  more- 
over expressly  stipulated,  that  British  subjects  shall  not  navigate  or  car- 
ry on  their  fishing  in  the  said  seas,  within  the  space  of  ten  sea  leagues 
from  any  part  of  the  coasts  already  occupied  by  Spain.     ■  '•■  t- 

Art.  5th.  As  well  in  the  places  which  are  to  be  restored  to  (he  Bri- 
tish subjects  by  virtue  of  the  first  article,  as  in  all  other  parts  of  the 
northwestern  coast  of  America,  or  of  the  islands  adjacent,  situate  to  the 
north  of  the  parts  of  the  said  coast  already  occupied  by  Spain,  wherever 
the  subjects  of  the  two  powers  shall  have  made  settlements,  since  the 
month  of  April,  1789,  cr  shall  hereafter  make  any  disturbance  or  mo- 
lestation. 

Art.  6th.  With  recpcct  to  the  eastern  and  western  coasts  of  South 
America,  and  to  the  islands  adjacent,  which  are  already  occupied  by 
Spain,  provided,  that  the  said  respective  subjects  shall  retain  the  liberty 
of  landing  on  the  coasts  and  islands  so  situated,  for  the  purposes  of 
their  fishery,  and  of  erecting  thereon  huts  and  other  temporary  build- 
ings, serving  only  for  those  purposes. 

Art.  7th.  In  all  cases  of  complaint,  or  infraction  of  the  articles  of 
the  present  convention,  the  officers  of  either  party,  without  permitting 
themselves  previously  to  commit  any  violence  or  acts  of  force,  shall  be 
bound  to  make  an  exact  report  of  the  affair,  and  of  its  circumstances, 
to  their  respective  courts,  who  will  terminate  such  dififerences  in  an  am- 
icable manner. 

Art.  8.  The  present  convention  shall  be  ratified  and  confirmed  in 
the  space  of  six  weeks,  to  be  computed  from  the  day  of  its  signature, 
or  sooner,  if  it  can  be  done. 

In  witness  whereof,  we,  the  undersigned,  plenipotentiaries  of  their 
Britannic  and  Catholic  Majesties,  have,  in  their  names,  and  by  virtue 
of  respective  full  powers,  signed  the  present  convention,  and  set  thereto 
the  seals  of  our  arms.  Done  at  the  palace  of  St.  Lawrence,  the  28th 
of  October,  1790. 

[l.  s.]         el  CONDE  DE  FLORIDA  BLANCA. 

[l.  S.J         ALLEYNE  PITZHEBERT. 

[Nos.  4  and  5  of  the  appendix,  consisting  of  a  correspondence  be- 
tween Captains  Gray  and  Ingraham  and  the  Spanii^  commissioner  at 


A»PBNDIX. 


Nootka,  in  1792, and  an  extiact  from  Captain  Gray's  log  book  respect- 
ing the  occurrences  in  the  Columbia  river  on  his  first  visit,  thou^  re- 
ferred to  in  the  preceding  pages,  were  deemed  to  be  of  not  enou^  im- 
portance to  warrant  any  further  increase  of  this  portion  of  the  work.]- 


(NO.  6.) 
r ijs«»  •  J  -.»»  -       British  Statement,  of  1826.» 

The  Government  of  Great  Britain,  in  proposing  to  renew  for  a  fur- 
ther term  of  years  the  third  article  of  the  convention  of  1818,  respect- 
ing the  territory  on  the  northwest  coast  of  America,  west  of  the  Rocky 
Mountains,  regrets  that  it  has  been  found  impossible,  in  the  present  ne- 
gotiation, to  agree  upon  a  line  of  boundary  which  should  separate  those 
parts  of  that  territory,  which  might  hencetprward  be  occupied  or  set- 
tled by  the  subjects  of  Great  Britain,  from  the  parts  which  would  re- 
main open  to  occupancy  or  settlement  by  the  United  States. 

Tg  establish  such  a  boundary  must  be  the  ultimate  object  of  both 
countries.  With  this  object  in  contemplation,  and  from  a  persuasion 
that  a  part  of  the  difficulties  which  have  hitherto  prevented  its  attain, 
ment  is  to  be  attributed  to  a  misconception,  on  the  part  of  the  United 
States,  of  the  claims  and  views  of  Great  Britain  in  regard  to  the  terri- 
tory in  question,  the  British  plenipotentiaries  deem  it  advisable  to  bring 
under  the  notice  of  the  American  plenipotentiary  a  full  and  explicit  ex- 
position of  those  claims  and  views. 

As  preliminary  to  this  discussion,  it  is  highly  desirable  to  mark  dis- 
tinctly the  broad  difference  between  the  nature  of  the  rights  claimed  by 
Great  Britain,  and  those  asserted  by  the  United  States,  in  respect  to  the 
territory  in  question. 

Over  a  large  portion  of  that  territory,  namely,  from  the  42d  degree 
to  the  49th  d^ree  of  north  latitude,  the  United  States  claun  fidl  and 
exclusive  sovereignty  .f  Great  Britain  claims  no  exclusive  sovereignty 
over  any  portion  of  that  territory  .J 

•Thia  statement  is  here  inserted  in  full,  beeatue  it  is  a  complete  synopsis  of  all  thepre- 
tensioBS  <rf  Great  Britain,  and,  being  the  groundwork  of  her  claims,  u  partioUarly  mte- 
resting  as  showing  the  other  mde  of  the  story. 

fAt  the  period  of  thk  convendon,  the  United  States  plenipotentiary  wa«  instnietad  to 
agree  to  the  extension  of  our  northern  boundary  Une  westward,  from  the  Lake  of  we 
Woods,  along  parallel  49°  to  the  Padfic;  with  the  further  inrtruetion  that,  m  caae  soeh  a 
compromise  fliould  not  be  accepted,  we  should  feel  ourselres  entitled,  thereafter,  to  insist 
luon  the  full  measure  of  our  rights. 

IS.    has  exercised  it,  nevertheless. 
20 


0  /  APPENDIX. 

•-  Her  present  claim,  not  in  respect  to  any  part,  but  to  the  whole,  is 
limited  to  a  right  of  joint  occupancy,  in  common  with  other  States, 
leaving  the  right  of  exclusive  dominion  in  abeyance.  In  other  words, 
the  pretensions  of  the  United  States  tend  to  the  ejection  of  all  other  na- 
tions, and,  among  the  rest,  of  Great  Britain,  from  all  right  of  settlement 
in  the  district  claimed  by  the  United  Slates.* 

The  pretensions  of  Great  Britain,  on  the  contrary,  tend  to  the  mere 
maintenance  of  her  own  rights,  in  resistance  to  the  exclusive  character 
of  the  pretensions  of  the  United  States. 

Having  thus  stated  the  nature  of  the  respective  claims  of  the  two 
parties,  the  British  plenipotentiaries  will  now  examine  the  grounds  on 
which  those  claims  are  founded. 
«  The  claims  of  the  United  States  are  ui^ed  upon  these  grounds: 

1st.  As  resulting  from  their  own  proper  right. 
'  2d.  As  resulting  from  a  right  derived  to  them  from  Spain — ^that 
power  having,  by  the  treaty  of  Florida,  concluded  with  the  United 
States  in  1819,  ceded  to  the  latter  all  their  rights  and  claims  on  the 
western  coast  of  America  north  of  the  42d  degree. 

3d.  As  resulting  from  a  right  derived  to  them  from  France,  to  whom 
the  United  States  succeeded,  by  treaty,  in  possession  of  the  province  of 
Louisiana. 

The  first  right,  or  right  proper,  of  the  United  States,  is  founded  on 
the  alleged  discovery  of  the  Columbia  river,  by  Mr.  Gray,  of  Boston, 
who,  in  1792,  entered  that  river,  and  explored  it  to  some  distance  from 
its  mouth.  I 

To  this  is  added  the  first  exploration,  by  Lewis  and  Clarke,  of  a 
main  branch  of  the  same  river,  from  its  source  downwards,  and  also  the 
alleged  priority  of  setdement,  by  citizens  of  the  United  States,  of  the 
country  in  tfee  vicinity  of  the  same  river. 

The  second  right,  or  right  derived  from  Spain,  is  founded  on  the 
alleged  prior  discovery  of  ihe  region  in  dispute  by.  Spanish  navigators, 
of  whom  the  chief  were,  first,  Cabrillo,  who,  in  1543.  visited  that 
coast  as  far  as  44  degrees  north  latitude;  second,  De  Fuca,  who,  as  it 
is  affirmed,  in  1598  entered  the  straits  known  by  his  name,  in  latitude 
49  degrees;  third,  Gruelli,  who,  in  1582,  is  said  to  have  pushed  his  re- 
searches 85  high  as  57  degrees  north  latitude;  fourth,  Perez,  and  others, 

*TrnIy  so ;  and  this  must  always  be  the  case  between  rightful  owners  and  mere  nt^ 

tenders.  ;*;• .  -:*  * 


APPENDIX.  -        Xi 

I 

who,  between  the  yearn  1774  and  1792,  viriied  Nooika  sound  and  the 
adjacent  coasts.  The  third  right,  derived  from  the  cession  of  Louisiana 
to  the  United  States,  is  founded  on  the  assumption  that  that  province, 
its  boundsuries  never  having  been  exactly  defined  longitudinally,  may 
fairly  be  asserted  to  extend  westward  across  the  Rocky  Mountains  to 
the  shore  of  the  Pacific. 

Before  the  merits  of  these  respective  claims  are  considered,  it  is  ne> 
cessary  to  observe,  that  one  only  out  of  three  can  be  valid.  They  are, 
in  fact,  claims  obviously  incompatible  the  one  with  the  other.  If, 
for  example,  the  title  of  Spain  by  first  discovery,  or  the  title  of  France 
as  the  original  possessor  of  Louisiana,  be  valid,  then  must  one  or  the 
other  of  those  kingdoms  have  been  the  lawful  possessor  of  that  territory 
at  the  moment  when  the  United  States  claim  to  have  discovered  it- 
If,  on  the  otlier  hand,  the  Americans  were  the  first  discoverers,  there  is 
necessarily  an  end  of  the  Spanish  claim;  and,  if  priority  of  discovery 
constitutes  the  title,  that  of  France  falls  equally  to  the  ground. 

Upon  the  question ,  how  far  prior  discovery  constitutes  a  legal  claim 
to  sovereignty,  the  law  of  nations  is  somewhat  vague  and  undefined. 
It  is,  however,  admitted  by  the  most  approved  writers  that  mere  acci- 
dental discovery,  unattended  by  exploration,  by  formally  taking  posses- 
sion in  the  name  of  the  discoverer's  sovereign — by  occupation  and  set- 
tlement, more  or  less  permanent — by  purchase  of  the  territory,  or  re- 
ceiving the  sovereignty  from  the  natives— consitutes  the  lowest  degree 
of  title;  and  that  it  is  only  in  proportion  as  first  discovery  is  followed  by 
any  or  all  of  these  acts,  that  such  title  is  strengthened  and  confirmed. 

The  rights  conferred  by  discovery,  therefore,  must  be  discussed  on 
their  own  merits. 

But,  before  the  British  plenipotentiaries  proceed  to  compare  the  rela- 
tive claims  of  Great  Britain  and  the  United  States  in  this  respect,  it 
will  be  advisable  to  dispose  of  the  two  other  grounds  of  right  put  for- 
ward by  tlie  United  States. 

The  second  ground  of  claim  advanced  by  the  United  States  is  the 
cession  made  by  Spain  to  the  United  States  by  the  treaty  of  Florida,  in 
1819. 

If  the  conflicting  claims  of  Great  Britain  and  Spain,  in  respect  to  all 
that  part  of  the  coast  of  North  America,  had  not  been  finally  adjusted 
by  the  convention  of  Nootka,in  the  year  1790,  and  if  all  the  arguments 
and  pretensions,  whether  resting  on  the  priority  of  discovery,  or  derived 
from  any  other  consideration,  had  not  been  definitely  set  at  rest  by  the 


XU  APPENDIX. 

signature  of  that  convention,  nothing  would  be  more  easy  than  to  de- 
mcmBtrata  that  the  clainu  of  Great  Britain  to  that  country ,  as  opposed 
to  those  of  Spain,  were  so  far  from  being  visionary  or  arbitrarily  assum- 
ed, that  they  established  more  than  a  parity  of  title  to  the  possession  of 
the  country  in  question,  either  a&  against  Spain  or  any  other  nation. 
By  no  meani.  An  equitable  setdement  might  at  one  lime  have  divid- 
ed the  territory  between  the  two  first  parties  claimant;  and  their  joint 
release  in  favor  of  the  United  States,  while  it  makes  absolutely  against 
Great  Britain,  strengthens  the  title  of  the  United  States  in  the  same 
d^ee.  Whatever  that  title  may  have  been,  however,  either  on  the 
part  of  Great  Britain  or  on  the  part  of  Spain ,  prior  to  the  convention  of 
1790,  it  was  from  thenceforward  no  longer  to  be  traced  in  vague  narra- 
tives of  discoveries,  (several  of  them  admitted  to  be  apocryphal,)  but  in  the 
text  and  stipulations  of  that  convention  itself.  By  that  convention  it  was 
agreed  that  all  parts  of  the  northwestern  coast  of  America,  not  already  oc- 
cupied at  that  time  by  either  of  the  contracting  parties,  should  thencefor- 
ward be  equally  open  to  the  subjects  of  both  for  all  purposes  of  com- 
merce and  settlement,  the  sovereignty  remaining  in  abeyance. 

In  this  stipulation,  as  it  has  been  already  stated,  all  tracts  of  country 
claimed  by  Spain  and  Great  Britain,  or  accruing  to  either,  in  whatever 
manner,  were  included. 

The  rights  of  Spain  on  that  coast  were,  by  the  treaty  of  Florida,  in 
1819,  conveyed  by  Spain  to  the  United  States.  With  those  rights  the 
United  States  necessarily  succeeded  to  the  limitations  by  which  they 
wered  efined,  and  the  obligations  under  which  they  were  to  be  exercised. 
From  those  obligations  and  limitations,  as  contracted  towards  Great 
Britain,  Great  Britain  caimot  be  expected  gratuitously  to  release  t^ose 
countries,  merely  because  the  rights  of  the  party  originally  bound  have 
oeen  transferred  to  a  third  power. 

The  third  ground  of  claim  of  the  United  States  rests  on  the  right  sup- 
posed to  be  derived  from  the  cession  to  them  of  Louisiana  by  France. 

In  arguing  this  branch  of  the  question,  it  will  not  be  necessary  to  ex- 
amine in  detail  the  very  dubious  point  of  the  assumed  extent  of  that 
province,  since,  by  the  treaty  between  France  and  Spain  of  1763,  the 
whole  of  that  territory,  denned  or  undefined,  real  or  ideal,  was  ceded 
by  France  to  Spain,  and,  consequently,  belonged  to  Spain,  not  only  in 
1790,  when  the  convention  of  Nootka  was  signed  between  Great  Bri- 
tain and  Spain,  but  also,  consequently,  in  1792,  the  period  of  Gray's 
discovery  of  the  month  of  the  Columbia.    If,  then,  Louisiana  embrac- 


APPE   'DIX.  xiH 

ed  the  country  west  of  the  Rocky  Mountains,  to  the  south  of  the  49th 
parallel  of  latitude,  it  must  have  embraced  the  Columbia  itwlf,  which 
that  parallel  intersects;  and,  consequently,  Gray's  discovery  must  have 
been  made  in  a  country  avowedly  already  appropriated,  necessarily  in 
eluded,  with  all  other  Spanish  possessions  and  claims  in  that  quarter,  in 
the  stipulations  of  the  Nootka  convention. 

Even  if  it  could  be  shown,  therefore,  that  the  district  west  of  the 
Rocky  Mountains  was  within  the  boundaries  of  Louisiana,  that  circum- 
stance would  in  no  way  assist  the  claim  of  the  United  States. 

It  may  nevertlieless  be  worth  while  to  expose,  in  a  few  words,  the 
futility  of  the  attempt  to  inci  'de  that  district  within  those  boundaries. 
For  this  purpose,  it  is  only  necessary  to  refer  to  the  original  grant  of 
Louisiana,  made  to  De  Crozat,  by  Louis  XIV,  shortly  after  its  discov- 
ery by  La  Salle.  That  province  is  therein  expressly  described  as  "the 
country  drained  by  the  waters  entering  directly  or  indirectly  into  the 
Mississippi.  Now,  unless  it  can  be  shown  that  any  of  the  tributaries  of 
the  Mississippi  cross  the  Rocky  Mountains  from  the  west  to  the  east,  it 
is  difficult  to  conceive  how  any  part  of  Louisiana  can  be  found  to  the 
westof  that  ridge. 

There  remains  to  be  considered  the  first  ground  of  claim  advanced  by 
the  United  States  to  the  territory  in  question,  namely,  that  founded  on 
their  own  proper  right  as  first  discoverers  and  occupiers  of  the  territo- 
tory.  '■*' 

If  the  discovery  of  the  country  in  question,  or  rather  the  mere  en- 
trance into  the  mouth  of  the  Columbia  by  a  private  American  citizen, 
be,  as  the  United  States  assert,  (although  Great  Britain  is  far  from  ad- 
mitting the  correctness  of  the  assertion,)  a  valid  ground  of  national  and 
exclusive  claim  to  all  the  country  situated  between  the  42d  and  49th 
parallels  of  latitude,  must  any  preceding  discovery  of  the  same  country, 
by  an  individual  of  any  other  nation,  invest  such  nation  with  a  more 
valid,  because  a  prior,  claim  to  that  country. 

Now,  to  set  aside,  for  the  present,  Drake,  Cook,  and  Vancouver, 
who,  all  of  them, either  took  possession  of,  or  touched  at,  various  points 
of  the  coast  in  question.  Great  Britain  can  show  that,  in  1788 — that  is, 
four  years  before  Gray  entered  the  mouth  of  the  Columbia  river— Mr. 
Meares,  a  lieutenant  of  Uie  royal  navy,*  who  had  been  sent  by  the 


*  Meares  was  a  Portuzuese  hireling,  and  not  in  any  branch  of  Engliah  service;  and 
though  a  speculating  hiuF-pay  lieutenant,  was,  to  all  intents  and  purposes,  as  much  a  pri- 
vate citizen  as  Captain  GJray.    See  Appendix  No.  10. 


XIV  APPENDIX. 

East  India  Company  on  a  trading  expedition  to  the  northwest  coast  of 
America,  had  already  minutely  explored  that  coast,  from  the  49tli  de- 
gree to  the  64th  degree  north  latitude;  had  taken  formal  poasesBionof 
the  Straits  of  De  Fuca,  in  the  name  of  his  sovereign;  had  purchased 
land,  trafficked, and  formed  treaties^  with  the  natives;  and  had  actually 
entered  the  bay  of  the  Columbia,  to  the  northern  head  land  of  which  he 
gave  the  name  of  Cape  Disappointmentf — a  name  which  it  bears  to 
this  day. 

Dixon,  Scott,  Duncan,  Strange,  and  other  private  British  traders, 
had  also  visited  these  shores  and  countries  several  years  before  Gray; 
but  the  single  example  of  Meares  suffices  to  quash  Gray's  claim  to  prior 
discovery.  To  the  other  navigators  above  mentioned,  therefore,  it  is 
unnecessary  to  refer  more  particularly. 

It  may  be  worth  while,  however,  to  observe,  with  regard  to  Meares, 
that  his  account  of  his  voyages  was  published  in  London  in  August, 
1790;  that  is,  two  yeeis  before  Gray  is  even  pretended  to  have  entered 
the  Columbia  .J 

^  To  that  account  are  appended,  first,  extracts  from  his  log-book;  sec- 
ondly, maps  of  the  coasts  and  harbors  which  he  visited,  in  which  every 
part  of  the  coast  in  question,  including  the  bay  of  the  Columbia,  (into 
which  the  log  expressly  states  that  Meares  entered ,)  is  minutely  laid 
down,  its  delineation  tallying,  in  almost  every  particular,  with  Vancou- 
ver's subsequent  survey,  and  with  the  description  found  in  all  the  best 
maps  of  that  part  of  the  world  adopted  at  this  moment;  thirdly,  the  ac- 
count in  question  actually  contains  an  engraving,  dated  in  August, 
1790,  of  the  entrance  of  De  Fuca's  straits,  executed  after  a  design 
taken  in  June,  1788,  by  Meares  himself.^  With  these  physical  evi- 
dences of  authenticity,  it  is  needless  to  contend  for,  as  it  is  imposdble 
to  controvert,  the  truth  of  Meares 's  statement.  i 

.  It  was  only  on  the  17th  of  September,  1792,  that  the  Washington, 
commanded  by  Mr.  Gray,  first  made  her  appearance  at  Nootka. 

If,  therefore,  any  claim  to  these  countries,  as  between  Great  Britain 
and  the  United  States,  is  to  be  deduced  from  priority  of  the  discovery, 


•The  only  treaty  h?  formed  was  an  agreeihent  with  Maquinna,  the  king  of  the  sur- 
rounding country,  granting  him  leave  to  make  a  temporary  settlement. 

t "  Cape  Disappointment,"  because  he  failed  to  discover  the  river  he  sought. 

t  That  is  to  say,  he  was  "  disappointed"  two  years  before  Capt.  Gray  was  satisfied. 

\  It  will  be  recoUected,  it  was  "  Meares  himself"  who  despatched  word  to  England  of 
the  wonderful  discoveries  of  Capt.  Gray,  m  the  strait  of  Fuca. 


APPENBtX.  XT 

the  above  exposition  of  the  dates  and  facts  suffices  to  establish  that 
claim  in  favor  of  Great  Britain  on  a  basis  too  firm  to  be  shaken.         ■'^ 

It  must,  indeed,  be  admitted  that  Mr.  Gray,  finding  himself  in  the 
bay  formed  by  the  discharge  of  the  waters  of  the  Columbia  into  the 
Pacific,  was  the  first  to  ascertain  that  this  bay  formed  the  outlet  of  a 
great  river — a  discovery  which  had  escaped  Lieut.  Meares,  when,  in 
1788,  four  years  before,  he  entered  the  same  bay. 

But,  can  it  be  seriously  urged  that  this  single  step  in  the  progress  of 
discovery  not  only  wholly  supersedes  the  prior  discoveries,  both  of  the 
bay  and  the  coast,  by  Lieut.  Meares,  but  equally  absorbs  the  subse- 
quent exploration  of  the  river  by  Capt.  Vancouver,  for  near  a  hundred 
miles  above  the  point  to  which  Mr.  Gray's  ship  had  proceeded,  the 
formal  taking  possession  of  it  by  that  British  navigator,  in  the  name  of 
his  sovereign,  and  also  all  the  other  discoveries,  exploration,  and  tem- 
porary possession  and  occupation,  of  the  ports  and  harbors  on  the  coast, 
as  well  of  the  Pacific  as  within  the  straits  of  De  Fuca,  up  to  the  49th 
parallel  of  latitude?* 

This  pretension,  however  extraordinary  it  is,  does  not  embrace  the 
whole  of  the  claim  which  the  United  States  build  upon  the  limited 
discovery  of  Mr.  Gray,  namely,  that  the  bay  of  which  Cape  Disap- 
pointment is  the  northernmost  headland  is,  in  fact,  the  embroschure  of 
a  river.  That  mere  ascertainment,  it  is  asserted,  confers  on  the  United 
States  a  tide,  in  exclusive  sovereignty,  to  the  whole  extent  of  country 
drained  by  such  river,  and  by  all  its  tributary  streams. 

In  support  of  this  very  extraordinary  pretension,  the  United  States 
allege  the  precedent  of  grants  and  charters  accorded  in  former  times  to 
companies  and  individuals,  by  various  European  sovereigns,  over  seve- 
ral parts  of  the  American  continent.  Among  other  instances,  are  ad- 
duced the  charters  granted  by  Elizabeth,  James  I.,  Charles  II.,  and 
George  XL,  to  sundry  British  subjects  and  a" ;Ociations,t  as  also  the 
grant  made  by  Louis  XIV.  to  De  Crozat,  building,  on  the  express 
condition  tliat,  when  he  finally  left  the  coast,  "the  house  and  all  the 
goods  thereunto  belonging"  should  fall  into  that  chief 's  possession — a 


*No ;  we  claim  these  latter  on  the  ground  of  other  discoveries,  and  also  on  the  score  of 
Spain. 
^fThis  is  a  wilful  perversion,  to  say  the  least  of  it.  The  United  States,  in  proving  the 
principle,  merely  alluded  to  these  latter  charters,  as  instances  of  Britain's  recogniuon  of 
ttie  n5e  with  her  own  subjects,  or,  in  other  words,  when  it  ran  in  favor  of  herself. 
While  the  correctness  and  usage  of  the  principle  was  otherwise  indubitably  proved,  the 
above  instances  were  merely  brought  forward  as  a  conclusive  rebuke  to  Britain's  opposi- 
tion to  its  application  to  us. 


XVI  APPENDIX. 

coadition,  by  the  way,  which  Meares  dishonestly  failed  to  fulfil,  for  the 
boards  were  struck  off  and  taken  on  board  one  of  his  vessels,  and  the 
roof  was  given  to  Captain  Kendrick. 

It  was  on  the  ground  of  these  charters,  together  with  the  application 
of  their  rule  to  the  pretended  discovery  of  the  Columbia  river  by  Van- 
couver and  Meares,  that  we  felt  warranted  in  asserting,  on  the  31st 
page,  that  Great  Britain  advances  the  principle  herself,  over  the  tract  of 
country  watered  by  the  Mississippi  and  its  tributaries. 

But,  can  such  charters  be  considered  an  acknowledged  part  of  the 
law  of  nations?  Were  they  any  thing  more,  in  fact,  than  a  cession,  of 
grantee  or  grantees,  of  whatever  rights  the  grantor  might  suppose  him- 
self to  possess,  to  the  exclusion  of  other  subjects  of  the  same  sovereign — 
charters  binding  and  restraining  those  only  who  were  within  the  juris- 
diction of  the  grantor,  and  of  no  force  or  validity  against  the  subjects  of 
other  states,  until  recognised  by  treaty,  and  thereby  becoming  a  part  of 
international  law. 

Had  the  United  States  thought  proper  to  issue,  in  X790,  by  virtue  of 
their  national  authority,  a  charter  granting  to  Mr.  Gray  the  whole  ex- 
tent of  country  watered,  direcdy  or  indirectly,  by  the  river  Columbia,* 
such  a  charter  would  no  doubt  have  been  valid  in  Mr.  Gray's  favor,  as 
against  all  other  citizens  of  the  United  States. 

But,  can  it  be  supposed  that  it  would  have  been  acquiesced  in  by  ei- 
ther of  the  powers,  Great  Britain  and  Spain,  which,  in  that  same  year, 
were  preparing  to  contest  by  arms  the  possession  of  the  very  country 
which  would  have  been  the  subject  of  such  a  grant  ? 

If  the  right  of  sovereignty  over  the  territory  in  question  accrues  to 
the  United  States  by  Mr.  Gray's  discovery,  how  happens  it  that  they 
never  protested  against  the  violence  done  to  that  right  by  the  two  pow- 
ers, who,  by  the  convraition  of  1790,  regulated  their  respective  rights 
in  and  over  a  district  so  belonging,  as  it  is  now  asserted,  to  the  United 
States? 

This  claim  of  the  United  States  to  the  territory  drained  by  the  Co. 
lumbda  and  its  tributary  i^eams,  on  the  ground  of  one  of  their  citizens 
having  been  the  first  to  discover  the  entrance  of  that  river,  has  been 
here  so  £eu:  entered  into,  not  because  it  is  considered  to  be  necessarily 
entided  to  notice,  since  the  whole  country  watered  by  the  Columbia 


^Tliese  Engliahmfin  are  crazy;  the  Columbia  was  not  discovered  by  Capt.  Grray  tiS 
1792.  If  the  above  is  intended  as  an  illustration  only,  the  instance  is  as  weak  as  the  pre- 
vious arguments  are  inconclusive. 


APPENDIX.  XVli 

falls  within  the  provisions  of  the  convention  of  1790,  but  because  the 
doctrine  above  alluded  to  has  been  put  forward  so  broadly,  and  with 
such  confidence,  by  the  United  States,  that  Great  Britain  considered  it 
equally  due  to  herself  and  to  the  powers  to  enter  her  protest  against  it. 

The  United  States  further  pretend  that  their  claim  to  the  country  in 
question  is  strengthened  and  confirmed  by  the  discovery  of  the  sources 
of  the  Columbid,  and  by  the  exploration  of  its  course  to  the  sea,  by 
Lewis  and  Clarke,  in  1805-'6.  .       , 

In  reply  to  this  allegation,  Great  Britain  affirms,  and  can  distinctly 
prove,  that,  if  not  before,  at  least  in  the.  same  and  'subsequent  years,  her 
Northwestern  Trading  Company  had,  by  means  of  their  agent,  Mr. 
Thompson,  already  established  their  posts  among  the  Flathead  and 
Kootanie  tribes,  on  the  head  waters  of  the  northern  or  main  branch  of 
the  Columbia,  and  were  already  extending  them  down  the  principal 
stream  of  that  river;  thus  giving  to  Great  Britain,  in  this  particular  again, 
ai  in  the  discovery  of  the  mouth  of  the  river,  a  title  to  parity  at  least,  if 
not  priority  of  discovery,  as  opposed  to  the  United  States.  Ii  was  from 
those  posts  that,  having  heard  of  the  American  establishment  forming, 
in  1811,  at  the  mouth  of  the  river,  Mr.  Thompson  hastened  thither,  de- 
scending the  river,  to  ascertain  the  nature  of  that  *establi8hment. 

Some  stress  having  been  laid  by  the  United  States  on  the  restitution 
to  them  of  Fort  George  by  the  British,  after  the  termination  of  the  last 
war,  which  restitution  they  represent  as  conveying  a  virtual  acknow- 
ledgment by  Great  Britain  of  the  tide  of  the  United  States  to  the  coun- 
try in  which  that  post  wis  situated,  it  is  desirable  to  state,  somewhat  in 
detail,  the  circumstances  attending  that  restitution. 

In  the  year  1815,  a  demand  for  the  restoration  of  Fort  George  was 
first  made  to  Great  Britain  by  the  American  Government,  on  the  plea 
that  the  first  article  of  the  treaty  of  Ghent  stipulated  the  restitution  to 
the  United  States  of  all  posts  and  places  whatsoever  taken  from  them 
by  the  British  during  the  war,  in  which  description  Fort  Geoige  (Asto- 
ria) was  included. 

For  some  time  the  British  Government  demurred  to  comply  with  the 
demand  of  the  United  States,  because  they  entertained  doubts  how  far 
it  could  be  sustained  by  the  construction  of  the  treaty. 

In  the  first  place,  the  trading  post,  called  Fort  Astoria,  (or  Fort 
George,)  was  not  a  national  possession;  in  the  second  place,  it  was  not 


*  We  have  seen  that  Mr.  Thompson  caine  too  late. 

21 


XVllI  APPENDIX. 

a  military  post;  and  thirdly,  it  was  never  captured  from  the  Americans 
by  the  British.  It  was,  in  fact,  conveyed  in  regular  commercial  trans- 
fer, and  accompanied  by  a  bill  of  sale,  for  a  sum  of  money ,  to  the  British 
company,  who  purchased  it,  by  the  American  company,  who  sold  it  of 
their  own  free  will.  It  is  true  that  a  British  sloop  of  war  had,  about 
that  time,  been  sent  to  take  possession  of  that,  but  she  arrived  subse- 
quendy  to  the  transaction  above  mentioned  between  the  two  compa- 
nies, and  found  the  British  company  already  in  legal  occupation  of  their 
self-acquired  property. 

In  consequence,  however,  of  that  ship  having  been  sent  out  with 
hostile  views,  although  those  views  were  not  carried  into  effect,  and  in 
order  that  not  even  a  shadow  of  reflection  might  be  cast  upon  the  good 
faith  of  the  British  Government,  the  latter  determined  to  give  the  most 
liberal  extension  to  the  terms  of  the  treaty  of  Ghent,  and  in  1818  the 
purchase  which  the  British  company  had  made  in  1813  was  restored  to 
the  United  States. 

Particular  care,  however,  was  taken,  on  this  occasion,  to  prevent  any 
misapprehension  as  to  the  extent  of  the  concession  made  by  Great  Bri- 
tain. Viscount  Castlereagh,  in  directing  the  British  minister  at  Wash- 
ington, to  intimate  the  intention  of  the  British  Government  to  Mr. 
Adams,  then  Secretary  of  State,  uses  these  expressidis,  in  a  despatch 
dated  7th  February,  1818: 

''You  will  observe,  that,  whilsi  this  Government  is  not  disposed  to 
contest  with  the  American  Government  the  point  of  possession  as  it 
etood  in  the  Columbia  river  at  the  moment  of  the  nipture,  they  are  not 
prepared  to  admit  the  validity  of  the  title  of  the  Government  of  the 
United  States  to  this  setdement. 

'-In  signifying,  therefore,  to  Mr.  Adams  the  full  acquiescence  of 
your  Government  in  the  re-occupation  of  the  limited  position  which  the 
United  States  held  in  that  river  at  the  breaking  out  of  the  war,  you 
will,  at  the  same  time  assert,  in  suitable  terms,  the  claim  of  Great  Bri- 
tain to  that  territory,  upon  which  the  American  settlement  must  be  con- 
sidered as  an  encroachment.'* 

This  instiuction  was  executed  verbally  by  the  person  to  whom  it  was 
addressed.  The  following  is  a  transcri^H  of  the  act  by  which  the  fort 
was  delivered  up  by  the  British  into  the  hands  of  Mr.  Prevost,  the 
American  agent: 

"In  obedience  to  the  command  of  H.  R.  H.,  the  prince  regent,  sig- 
nified in  a  despatch  from  the  right  honorable  the  Earl  Bathurst,  address- 


APPENDIX.  Xix 

ed  to  the  partners  or  agents  of  the  Northwest  Company,  bearing  date 
the  27th  of  January,  1818,  and  in  obedience  to  a  subsequent  order, 
dated  the  26th  of  July,  from  W.  H.  Sheriff,  esq..  Captain  H.  M.  ship 
Andromache,  we,  the  undersigned,  do,  in  conformity  to  the  first  article 
of  the  treaty  of  Ghent,  restore  to  the  Government  of  the  United  States, 
through  its  agent,  J.  P.  Prevost,  esq.,  the  settlement  of  Fort  George, 
on  the  Columbia  river. 

"Given  under  our  hands,  in  triplicate,  at  Fort  George ,  (Columbia 
river,)  this  6th  day  of  October,  1818. 

"  F .  HICKE Y ,  Captain  H,  M.  ship  Blossom . 

"J.  KEITH,  of  the  N.  W.  Co.'' 

The  following  is  the  despatch  from  Earl  Bathurst  to  the  partners  of 

the  Northwest  Company,  referred  to  in  the  above  act  of  cession: 

•■  •  ii 

"Downing  street,  27th  January,  1818. 

"Intelligence  having  been  received  that  the  United  States'  sloop  of 
war  Ontario  has  been  sent  by  the  American  Government  to  establish  a 
settlement  on  the  Columbia  river,  which  was  held  by  that  State  on  the 
breaking  out  of  the  last  war,  I  am  to  acquaint  you  that  it  is  the  Prince 
R^ent's  pleasure,  (without,  however,  admitting  the  article  of  the  treaty 
of  Ghent,)  due  facility  should  be  given  to  the  re-occupation  of  the  said 
settlement  by  the  officers  of  the  United  States.  And  I  am  to  desire 
that  you  would  contribute  as  much  as  lies  in  your  power  to  the  execu- 
tion of  his  royal  highness 's  commands. 

"Ihave,«fcc.,«fec.  '  BATHURST." 

*^  To  the  partners  or  agents  of  the 

^^ Northwest  Oompany  residing  on  the  Columbia  river. *^ 

The  above  documents  put  the  case  of  the  restor^^'on  of  Fort  Astoria 
in  too  clear  a  light  to  require  further  observation.  The  case,  then,  of 
Great  Britain,  in  respect  to  the  country  west  of  the  Rocky  Mountains, 
is  shortly  this: 

Admitting  that  the  United  States  had  acquired  all  the  rights  which 
Spain  possessed  up  to  the  treaty  of  Florida,  either  in  virtue  of  discovery 
or,  as  is  pretended,  in  right  of  Louisiana,  Great  Britain  maintains  that 
the  nature  and  extent  of  those  rights,  as  well  as  of  the  rights  of  Great 
Britain,  are  fixed  and  defined  by  the  convention  of  Nootka;  that  these 
rights  are  equal  for  both  parties;  and  that,  in  succeeding  to  the  rights 


■^  APPENDIX. 

of  Spain;  under  that  convention,  the  United  States  must  also  have  suc- 
ceeded to  the  obligations  which  it  imposed. 

Admitting,  further,  the  discovery  of  Mr.  Gfray  to  the  extent  already 
stated.  Great  Britain,  taking  the  whole  line  of  the  coast  in  question, 
with  its  straits,  harbors,  and  bays,  has  stronger  claims,  on  the  ground 
of  prior  discovery,  attended  with  acts  of  occupancy  and  settlement,  than 
the  United  States. 

Whether,  therefore,  the  United  Slates  rest  their  claims  upon  the  title 
of  Spain,  or  upon  that  of  prior  discovery,  or  upon  both,  Great  Britain 
is  entided  to  place  her  claims  at  least  upon  a  parity  with  those  of  the 
United  States. 

It  is  a  fact,  admitted  by  the  United  States,  that,  with  the  exception 
of  the  Columbia  river,  there  is  no  river  that  opens  into  the  interior  on 
the  whole  western  coast  of  the  Pacific  Ocean.  "••-■»•     • 

In  the  interior  of  the  territory  in  question  the  subjects  of  Great  Bri- 
tain have  had,  for  many  years,  numerous  settlements  and  trading-posts; 
several  of  those  posts  are  on  the  tributaiy  stre-  is  of  the  Columbia,  sev- 
eral on  the  Columbia  itself,  some  to  the  northward,  and  others  to  the 
southwrad  of  that  river;  and  they  navigate  the  Columbia  as  the  sole 
channel  for  the  conveyance  of  their  produce  to  the  Britiah  stations  near- 
est the  sea,  and  for  the  shipment  of  it  from  thence  to  Great  Britain.  It 
is  also  the  channel  for  their  annual  supplies  from  Great  Britain.* 

In  the  whole  of  the  territory  in  question  the  citizens  of  the  United 
States  have  not  a  single  settlement  or  trading-post.  They  do  not  use 
that  river  either  for  the  purpose  of  transmitting  or  receiving  any  produce 
of  their  own  to  or  from  other  parts  of  the  world. 

In  this  state  of  the  relative  rights  of  the  two  countries,  and  of  the  rel- 
ative exercise  of  those  rights,  the  United  States  claim  the  exclusive  pos- 
session of  both  banks  c'  the  Columbia,  and  subsequently  that  of  the 
river  itself;  offering,  it  is  true,  to  concede  to  British  subjects  a  condi- 
tional participation  in  that  navigation;  but  subject,  in  any  case,  to  the 
exclusive  jurisdiction  and  sovereignty  of  the  United  States. 

Great  Britain,  on  her  part,  offers  to  make  the  river  the  boundary; 
each  country  retaining  the  bank  of  the  river  contiguous  to  its  own  terri- 
tories, and  the  navigation  of  it  remaining  forever  free^  and  upon  a  foot- 
ing of  perfect  equality  to  both  nations. 

*  Those  views  were  carried  into  efiect.  The  place  was  regularly  taken  possession  of  in 
the  Kind's  name  on  the  1st  December,  1813,  ana  the  British  Sag  was  run  up,  with  all  the 
formalities  of  conquest,  in  place  of  the  American  standard. 


»  APPENDIX.  «xi 

To  cany  into  effect  this  proposal  on  our  part,  Great  Britain  would 
have  to  give  up  posts  and  setdements  south  of  the  Columbia.  On  the 
part  of  the  United  States  there  could  be  no  reciprocal  withdrawing  from 
actual  occupation,  as  there  is  not,  and  never  has  been,  a  single  Ameri- 
can citizen  setded  north  of  the  Columbia.  i 

The  United  States  declined  to  accede  to  this  proposal,  even  when 
Great  Britain  had  added  to  it  the  further  offer  of  a  most  excellent  har- 
bor, and  an  extensive  tract  of  country  of  the  Straits  of  De  Fuca — a  sac- 
rifice, tendered  in  the  spirit  of  accommodation,  and  for  the  sake  of  a 
final  adjustment  of  all  differences, but  which,  having  been  made  in  thi» 
spirit,  is  not  to  be  considered  as  in  any  degree  recognising  a  claim  on 
the  part  of  the  United  States,  or  as  at  all  impairing  the  existing  right  of 
Great  Britain  over  the  post  and  territory  in  question. 

Such  being  the  result  of  the  recent  negotiation,  it  only  remains  for 
Great  Britain  to  maintain  and  uphold  the  qualified  rights  which  she 
now  possesses  over  the  whole  of  the  territory  in  question.  These  rights 
are  recorded  and  defined  in  the  convention  of  Nootka.  They  embrace 
the  right  to  navigate  the  waters  of  those  countries,  the  right  to  setUe  in 
and  over  any  part  of  them,  and  the  right  freely  to  trade  with  the  inhab- 
itants and  occupiers  of  the  same.  These  rights  have  been  peaceably 
exercised  ever  since  the  date  of  that  convention;  that  is,  for  a  period  of 
nearly  forty  years.  Under  that  convention,  valuable  British  interests 
have  grown  up  in  those  countries.  It  is  fully  admitted  that  tlie  United 
States  possess  the  same  rights,  although  they  have  been  exercised  by 
them  only  in  a  single  instance;  and  have  not> since  the  year  1813,  beeo 
exercised  at  all.    But,  beyond  these  rights  they  possess  none. 

To  the  interests  and  establishments  which  British  industry  and  enter- 
prtse  have  created  Great  Britain  owes  protection.  That  protection  will 
be  given,  both  as  regards  settlement  and  freedom  of  trade  and  naviga- 
^on,  with  every  intention  not  to  infriqge  the  co-ordinate  rights  of  the 
United  States;  it  being  the  earnest  desire  of  the  British  Go>{iemment,  so 
long  as  the  joint  occupancy  continues,  to  regulate  its  own  ob%atiaQsby 
the  same  rule  which  governs  the  obligations  of  any  other  occupjring 
party. 

Fully  sensible,  at  the  same  time,  of  the  desirableness  of  a  more  defi- 
nite settlement,  as  between  Great  Britain  and  the  United  States,  the 
British  Grovemment  will  be  ready,  at  any  time,  to  terminate  the  present 
state  of  joint  occupancy  by  any  agreement  of  limitation;  but  such  an 
arrangement  only  can  be  admitted  as  shall  not  derogate  ttma  the  rights 


XXH.,  APPENDIX. 

•    of  Great  Britain,  as  acknowledged  by  treaty,  nor  prejudice  the  advan- 
tages which  British  subjects,  under  the  same  sanction,  now  enjoy  in 
.    that  part  of  the  world. 

.1  .  ir  li 

(No.  5.)  1    '>.'-^ 

Convention  between  the  United  States  and  Great  Britain ,  signed  at 

London  October  20th,  1818. 

Art.  2.  It  is  agreed  that  a  line  drawn  from  the  most  northwestern 
point  of  the  Lake  of  the  Woods,  along  the  49th  parallel  of  north  lati- 
tude, or  if  the  said  point  shall  not  be  in  the  49th  parallel  of  noith  lati- 
tude, then  that  a  line  drawn  from  the  said  point  due  north  or  south, 
as  the  case  may  be,  until  the  said  line  shall  intersect  the  said  parallel  of 
north  latitude,  and  from  the  point  of  such  intersection  due  west,  along 
with  said  parallel,  shall  be  the  line  of  demarkation  between  the  territo- 
ries of  the  United  States  and  those  of  his  Britannic  Majesty;  and  tha^ 
the  said  line  shall  form  the  northern  boundary  of  the  said  territories  of 
the  United  States  and  the  southern  boundary  of  the  territories  of  his 
Britannic  Majesty,  from  the  Lake  of  the  Woods  to  the  Stony  Mnun- 
tains. 

Art  3.  It  is  agreed  that  any  country  that  may  be  claimed  by  either 
party  on  the  northwest  coast  of  America,  westward  of  the  Stony  Moun- 
tains, shall,  together  with  its  harbors,  bays,  and  creeks,  and  the  naviga- 
tion of  all  rivers  within  the  same,  be  free,  and  for  the  term  of  ten  years 
fiom  the  date  of  the  signature  of  the  present  convention,  to  the  vessels, 
citizens,  and  subjects  of  the  two  powers;  it  being  well  understood  that 
this  agreement  is  net  to  be  construed  to  the  prejudice  of  any  claim 
which  either  of  the  two  high  contractmg  parties  may  have  to  any  part 
of  the  said  country;  nor  shdil  it  be  taken  to  affect  the  claims  of  any 
other  power  or  State  to  any  part  of  the  said  country;  the  only  object  of 
the  high  contracting  parties,  in  that  respect,  being  to  prevent  disputes 
and  differences  among  themselves. 


(No.  6.)      • 

7%e  Fhrida  treaty,  signed  at  Washington,  Pebruary  22, 1819. 

Art.  3.  The  boundary  line  between  the  two  coimtries  west  of  the 
MiBUssippi  i^all  begin  on  the  Gulf  of  Mexico,  at  the  mouth  of  the  river 


APPENDIX.  xxiii 

Sabine,  in  the  aea,  continuing  north  along  the  western  bank  of  that 
river  to  the  32d  degree  of  latitude;  thence,  by  a  line  due  north,  to  the 
degree  of  latitude  where  it  strikes  the  Rio  Roxo  of  Natchitoches,  or  Red 
river;  then  following  the  course  of  the  Rio  Roxo  westward,  to  the  de- 
gree of  longitude  100  west  from  London,  and  23  from  Washington; 
then  crossing  the  said  Red  river,  and  running  thence,  by  a  line  due 
north,  to  the  river  Arkansas;  thence  following  the  course  of  the  south- 
em.  bank  of  the  Arkansas,  to  its  source,  in  latitude  42°  north;  and 
thence,  by  that  parallel  of  latitude,  to  the  South  Sea;  the  whole  being 
laid  down  in  Melish's  map  of  the  United  States,  published  at  Philadel- 
phia, improved  to  the  Ist  of  January,  1818.  But  if  the  source  of  the 
Arkansas  river  shall  be  found  to  fall  north  or  south  of  latitude  42°,  then 
the  line  shall  run  from  the  said  source  due  south  or  north,  as  the  case 
may  be,  tilTit  meets  the  said  parallel  of  latitude  42°,  and  thence,  along 
the  said  parallel,  to  the  South  Sea;  all  the  islands  in  the  Sabine, and 
the  said  Red  and  Arkansas  rivers,  throughout  the  course  thus  described, 
to  belong  to  the  United  States;  but  the  use  of  the  waters,  and  the  navi- 
gation of  the  Sabine  to  the  sea,  and  of  the  said  rivers  Roxo  and  Arkan- 
sas,  throughout  the  extent  of  the  said  boundary,  on  their  respective 
banks,  shall  be  common  to  the  respective  inhabitants  of  both  nations. 

The  two  high  contracting  parties  agree  to  cede  and  renounce  all  their 
rights,  claims,  and  pretensions  to  the  territories  described  by  the  said  line; 
that  is  to  say,  the  United  States  hereby  cede  to  his  Catholic  Majes^, 
and  renounce  forever,  all  their  rights,  claims,  and  pretensions  to  the 
tenitories  lying  west  and  south  of  the  above  desQribed  line;  and,  in 
like  manner,  his  Catholic  Majesty  cedes  to  the  said  United  States  all 
his  rights,  claims,  and  pretensions  to  any  territories  east  and  north  of 
the  said  line;  and  for  himself,  his  heirs,  and  successors  renounces  all 
claim  to  the  said  territories  forever. 


(No.  T.) 

Omvention  between  the  United  States  and  Great  Britain,  signed  at 

London,  Aitgust  &h,  1827. 

Art.  1.  All  the  provisions  of  the  third  article  of  the  convention  con- 
cluded between  the  United  States  of  Amenca  and  his  Majesty  the 
King  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  on  the  20th 
of  October,  1818,  shall  be,  and  they  are  hereby, further  indefinitely  ex- 


ZSlf  APPENDIl:. 

teadMl  and  continued  in  force,  in  the  same  manner  as  if  all  the  provisions 
of  the  said  article  were  herein  specifically  recited. 

Art.  2.  It  shall  be  competent,  however,  to  either  of  the  contracting 
parties,  in  case  either  should  think  fit,  at  any  time  after  the  20th  of  Oc- 
tober, 1828,  on  giving  due  notice  of  twelve  months  to  the  other  con- 
tracting party,  to  annul  and  abn^te  this  convention;  and  it  shall,  in 
such  case,  be  accordingly  entirely  annulled  and  abrogated,  after  the  ex- 
inration  of  the  said  term  of  notice.  •  •' 

Art.  3.  Nothing  contained  in  this  convention,  or  in  the  third  article 
of  the  conventicm  (tf  the  20th  October,  1818, hereby  continued  in  force, 
flhall  be  construed  to  impair,  or  in  any  manner  affect,  the  claims  which 
either  of  the  contracting  parties  may  have  to  any  part  of  the  country 
westward  of  the  Stony  or  Rocky  Mountains. 


(No.  8.)  •       •  >•'. 

7^  instructions  of  the  merchant  proprietors  to  John  Meares. 

♦  •  •  Should  you,  in  the  course  of  your  voyage,  meet  with 
an*  Russian,  English,  or  Spanish  vessels,  you  will  treat  them  with  ci- 
▼iKty  and  friendship,  and  allow  them,  if  authorized,  to  examine  your 
papers,  which  will  show  the  object  of  your  voyage.  But  you  must,  at 
the  same  time,  guard  against  surprise.  Should  they  attempt  to  seize 
you,  or  even  carry  jou  out  of  your  way,  you  will  prevent  it  by  every 
means  in  your  power,  and  repel  force  by  force.  You  will,  on  your  ar- 
rival in  the  first  port,  protest,  before  a  proper  officer,  against  such  ill^al 
procedure,  and  ascertain,  as  nearly  as  you  can,  the  value  of  your  vessel 
and  catgo,  sending  such  protest,  with  a  full  account  of  the  trensaction, 
to  us,  at  China.  Should  you,  in  such  conflict,  have  the  superiority, 
you  will  then  take  possession  of  the  vessel  that  attacked  you,  as  also  her 
cargo,  and  bring  both,  with  the  officers  and  crew,  to  China,  that  they 
maybe  condemned  as  legal  prizes,  and  their  crews  punished  as  pirates. 

Wishing  you  a  prosperous  voyage,  &c. 
(Signed,)  THE  MERCHANT  PROPRIETORS. 


